Local officials like new state probation, parole law

Local officials say a new state law providing nonviolent offenders the chance to reduce their parole or probation through good behavior will have a positive effect on offenders, prisons and the court system.

House Bill 1525, which Gov. Jay Nixon signed into law July 6, establishes guidelines for reducing parole and probation for certain offenses by requiring the Department of Corrections to award "earned compliance credit." The law takes effect Aug. 28.

"I actually like this legislation," Cape Girardeau County Prosecuting Attorney Morley Swingle said. "Some states, in an effort to decrease their prison populations, let people out early. I like Missouri's plan to give nonviolent offenders a chance to not go to prison."

The law reduces probation or parole by 30 days for each full month the offender stays in compliance with the terms of his or her supervision.

"Shortening supervision might keep some of the nonviolent people from going to prison," Swingle said. "The law is a carrot, but is also a stick."

Under current law, a person who complies with the conditions of their supervision but has a violation late in their supervision can be sent to prison.

The new law allows a probation or parole officer to order offenders to serve county jail time, without going before a judge. The first period of time cannot exceed 48 hours. Subsequent time can exceed 48 hours, but the total time the offender serves cannot exceed 15 days. If they reach the 15 day mark, they would be put into the court system as under the current law.

The new law, allowing probation officers to send people to jail, will have little effect on crowding in jails, Scott County Sheriff Rick Walter said.

"If they are going to violate somebody, they send them to the jail now," Walter said. "[Offenders] go to the county jails to await hearings."

The new law also should reduce the burden on court dockets, Swingle said.

"You don't go through the time delay of going to court," he said. "I really don't see a negative side, Unless you consider that [offenders] aren't going to be on probation as long as they otherwise would have."

District 22, which includes Perry and Cape Girardeau counties, was responsible for supervising 1,479 offenders as of Friday, according to Chris Cline, the Department of Corrections director of communications.

"The department will be working on steps to implement the legislation in the coming weeks and we cannot answer specific questions at this time relative to the impact in Cape Girardeau," he said in an email.

jgamm@semissourian.com

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