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Missouri Parole, Probation, Pre-Release & Release All information & questions relating to parole, probation, pre-release/treatment centers, or release in Missouri should be posted here.

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Old 09-24-2016, 01:30 PM
Damionsprincess Damionsprincess is offline
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Default Changes to RSMO / Parole eligibility

My boyfriend was just sentenced to 15 years for a Class B felony for dist/ del of controlled substance. He has been incarcerated once previously and he has heard that there is going to be amendments for the percentage of time that has to be completed before parole eligibility. I'm having a difficult time locating the information. I've found something that says in January 25% before eligible but he says it's supposed to be different for drug offenses??
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Old 09-24-2016, 02:59 PM
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Is state or Federal? It makes a difference as they have different rules/procedures.
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Old 09-24-2016, 03:41 PM
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It's state and he's in Missouri.
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Old 09-24-2016, 04:08 PM
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Here is what I could find, effective Jan 1, 2017:


4. (1) Except as otherwise provided, a sentence of imprisonment for a term of years for felonies other than dangerous felonies as defined in section 556.061, and other than sentences of imprisonment which involve the individual's fourth or subsequent remand to the department of corrections shall consist of a prison term and a conditional release term. The conditional release term of any term imposed under section 557.036 shall be:
(a) One-third for terms of nine years or less;
(b) Three years for terms between nine and fifteen years;
(c) Five years for terms more than fifteen years; and the prison term shall be the remainder of such term. The prison term may be extended by the board of probation and parole pursuant to subsection 5 of this section.

http://www.moga.mo.gov/mostatutes/st...800000111.html

You'll need to read through it though...and check any statutes that are referenced to see if they apply.


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Old 09-25-2016, 10:58 AM
Damionsprincess Damionsprincess is offline
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Thank you. This is what I had found also. It's definitely better than the 40% that we were expecting. It's still not ideal but 3 is better than 6 years. Thank you for helping.
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Old 09-25-2016, 11:03 AM
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I only skimmed it, didn't read it thoroughly...if it isn't retro active, it won't help those already in prison, only those whose crimes occur after it takes affect.
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Old 09-25-2016, 11:19 AM
Damionsprincess Damionsprincess is offline
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I was concerned about that. He says he has 0% so they can make him do from a year to whenever. If I read correctly, he has to do 40% before being eligible for parole IF it's not retroactive. I guess maybe i should contact an attorney to see if they know about the changes and if it's retroactive?? Thank you
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Old 11-07-2017, 02:47 AM
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You stated he has been incarcerated once previously. Missouri Department of Corrections requires regardless of what your sentence is that if this is your 2nd commitment to the Department you must do a mandated minimum 40% of your sentence prior to being eligible for release.
3rd commitment require completion of 50% of your sentence before you can be release and 4th commitments and beyond are required to complete 80% of their sentence.

Class A and B violent offenders are required to complete 85% of their sentence before being eligible for release.

ACA or Armed Criminal Action Offenders are given a flat 3 or 5 year sentence and that must be completed before any other active sentences are calculated and executed. Meaning if you have a 2nd Degree Robbery Charge and ACA and are sentenced to 10 years on the Robbery and 3 years on the ACA, you have to complete the 3 years incarceration on the ACA before time even starts on the 10 years for the robbery. You essentially have 13 years on your charge.
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Old 11-07-2017, 02:53 AM
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Quote:
Originally Posted by Damionsprincess View Post
I was concerned about that. He says he has 0% so they can make him do from a year to whenever. If I read correctly, he has to do 40% before being eligible for parole IF it's not retroactive. I guess maybe i should contact an attorney to see if they know about the changes and if it's retroactive?? Thank you

It has has 0% on his face sheet because all drug cases in Missouri are what they call a no remand charge. A No-Remand charge means there is no minimum requirement that requires his release. They can make him do all of his sentence if they require him to. Typically in Missouri on this type of case:

Non Violent Drug cases with No Remand have a statutory guideline of 15% before the board will recommend release.

The Maximum Release date is the Conditional Release date which is 66% of his sentence, which at that time barring bad conduct which could extend his date, assuming he has no bad conduct at the time of his parole date, the Missouri DOC has to release him at 66% completion of his sentence no matter what.

Best of luck to you and your offender and hope the information helps.
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