Mo. Code Regs. Ann. tit. 14, § 80-2.050
Administrative Parole
Effective Apr 9, 1992section 217.690, RSMo Supp. 1990.* Emergency rule filed Dec. 13, 1982, effective Dec. 23, 1982, expired April 22, 1983. Original rule filed Dec. 29, 1982, effective May 12, 1983. Emergency amendment filed Jan. 4, 1984, effective Jan. 14, 1984, expired April 30, 1984. Amended: Filed Jan. 4, 1984, effective April 12, 1984. 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, amended 1986, 1987, 1989, 1992State Board of Probation and Parole
PURPOSE: This rule allows for release of those individuals committed under the new criminal code for crimes committed on or after January 1, 1979 and who are recommended for credit release by the institution head.
(1) At the board’s discretion, an administrative parole may be issued to all individuals eligible for conditional release under the criminal code effective on and after January 1, 1979 who have been recommended for credit release by the institution head. The credit release date is the conditional release date less the credit time granted.
- (A) Parole and conditional release violators may earn time credit. The credit shall be subtracted from the established maximum release date.
- (B) Inmates serving sentences for nonparolable offenses as listed in 14 CSR 80- 2.010(5), those sentenced as persistent or dangerous offenders under section 558.016, RSMo, those whose conditional release date has been extended to the maximum release date because of disciplinary action or those whose conviction is based on a crime committed before January 1, 1979 are not eligible for time credit.
- (C) Inmates convicted for the crime of armed criminal action (section 571.015, RSMo) or pharmacy robbery I/II (sections 569.025 and 569.035, RSMo) shall not be eligible for time credit until the minimum term required by statute has been served.
- (2) In addition to the institutional record, the board also may consider the seriousness of the offense, prior criminal record and mental competency in determining administrative parole eligibility.
- (3) Inmates classified as persistent or dangerous offenders shall not be eligible for administrative parole.
- (4) Inmates serving mandatory sentences required by state law shall not be eligible for administrative parole.
- (5) Inmates serving sentences for sex offenses as described in section 589.015, RSMo shall participate in and complete the prescribed treatment program prior to being eligible for administrative parole.
AUTHORITY: section 217.690, RSMo Supp. 1990.* Emergency rule filed Dec. 13, 1982, effective Dec. 23, 1982, expired April 22, 1983. Original rule filed Dec. 29, 1982, effective May 12, 1983. Emergency amendment filed Jan. 4, 1984, effective Jan. 14, 1984, expired April 30, 1984. Amended: Filed Jan. 4, 1984, effective April 12, 1984. 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, amended 1986, 1987, 1989, 1992.