PURPOSE: This rule explains conditional release, which can affect any inmate convicted of a crime committed after January 1, 1979.

1. (1) Conditional release means the conditional discharge of an inmate by the parole board subject to conditions of release that the board deems reasonable to assist the offender to lead a law abiding life and subject to supervision of the Board of Probation and Parole. The conditions of release shall include avoidance of any other crime, federal or state, and other conditions that the board, in its discretion, deems reasonably necessary to assist the release in avoiding further violation of the law (section 558.011, RSMo).

2. (2) Conditional Release Terms Are Set by Law.

   1. (A) The conditional release term will be one-third (1/3) of the sentence for those nine

3. (9) years or less, the last three (3) years of sentences of those sentences of ten to fifteen (10–15) years and the last five (5) years of sentences more than fifteen (15) years.

   1. (B) Time served on conditional release does count as time served on the sentence unless the inmate absconds from supervision. During which time the inmate is an absconder s/he, in the board’s discretion, may not receive credit for time served while an absconder. Also, inmates who violate conditional release and receive a new sentence to a correctional institution outside the Missouri Department of Corrections, at the board’s discretion, may not receive credit on the conditional release term for time served under the new conviction.
4. (3) Conditional releases with detainers will be released conditionally to the detainer at the normally scheduled time. The procedure will remain the same as for paroling an inmate to a detainer as described in 14 CSR 80-3.010(2).
5. (4) An inmate with a consecutive sentence shall be held until the inmate completes the prison term of the consecutive sentence(s). The conditional release terms taken together shall constitute the time to be served on conditional release.
6. (5) Before the conditional release date, the institutional parole officer will contact the inmate regarding release plans. Community corrections programs also may be considered. Once the plan is developed, the board and parole staff will be notified and the plan then will be verified or an alternative plan will be developed.
7. (6) Conditions of conditional release will be the same as the conditions of parole as given in 14 CSR 80-3.010.
8. (7) Conditional release may be revoked by the board following the same procedures as for an alleged parole violator as given in 14 CSR 80-4. Following revocation an inmate may never be reinstated on conditional release but may be paroled at any time deemed appropriate by the parole board.

9. (8) Under the provisions of section 558.011, RSMo, the board has the authority to extend or deny conditional release.

   1. (A) When an inmate is charged with a serious violation of institutional rules, the adjustment board holds a hearing and upon a finding of guilt the case is considered for referral to the Board of Probation and Parole. If the referral is made, the board shall convene a hearing within ten (10) working days of the receipt of the petition from the director of the Division of Adult Institutions. All hearings will be held in Jefferson City. Whether the violation for which an inmate is referred for extension is prosecuted in a court of law or not shall not be considered a mitigating factor in consideration of extending the conditional release date.

      1. 1. The inmate may call witnesses and

cross-examine adverse witnesses.

1. 2. The board will reach a decision with-

in forty-eight (48) hours from the date of the hearing and the inmate will receive a notice of the board’s action as soon as the notice can be prepared and delivered.

1. 3. The board may extend the date of

conditional release up to the maximum of the entire sentence.

1. 4. If the violation occurs close to the

conditional release date, the release may be held for a maximum of fifteen (15) working days to permit the necessary time for the process to be carried out. If the board has not reached a decision at the end of a fifteen (15) working-day period, the inmate shall be released conditionally.

1. (B) The decision of the board is final. However the inmate, after one (1) year of verified clear conduct, may petition the board in writing for reconsideration. The board shall review the case, without a personal hearing, and forward the decision to the inmate in writing.

AUTHORITY: section 558.011.4(2), RSMo Supp. 1990.* This rule was previously filed as 13 CSR 80-2.040. Original rule filed Nov. 13, 1979, effective March 13, 1980. Emergency amendment filed May 13, 1982, effective July 1, 1982, expired Nov. 28, 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: 558.011, RSMo 1977, amended 1979, 1982, 1984, 1990.