Mo. Code Regs. tit. 14 § 10-5.010

Current through Register Vol. 49, No. 9, May 1, 2024

Section 14 CSR 10-5.010 - Time Credit

PURPOSE: This procedure establishes the guidelines for the Department of Corrections to award time credit as authorized by section 558.041, RSMo (1986) to inmates who have served their sentences in an orderly and peaceful manner and are not specifically excluded by law. This procedure applies to all divisions of the Department of Corrections.

(1) Definitions.

(A) Time credit. Days subtracted from the incarceration time.

(B) Prior offender. One who previously has pled guilty to or has been found guilty of one (1) felony and the court has made this finding (sections 558.016, 558.019 and 558.021, RSMo).

(C) Persistent offender. One who previously has pled guilty to or has been found guilty of two (2) or more felonies committed at different times and the court has made this finding (sections 558.016, 558.019 and 558.021, RSMo).

(D) Class x-offender. One who has previously pled guilty to or has been found guilty of three (3) felonies at different times and the court has made this finding (sections 558.019 and 558.021, RSMo).

(E) Conditional release date. A release to supervision after the completion of a statuto-rily fixed prison term of all sentences.

(F) Prison term. The time required to be served by the offender before s/he is eligible for conditional release (section 558.011, RSMo).

(2) Procedure.

(A) Eligibility. Each inmate of the Department of Corrections sentenced under provisions of the new criminal code pursuant to section 556.031, RSMo may be eligible to receive time credit, except those listed under subsection (2)(B). The credit shall be subtracted from the established conditional release date, creating a projected time credit release date. Inmates demonstrating acceptable behavior and appropriate program involvement shall be eligible for consideration for administrative parole release on that date. This credit shall be calculated upon assignment to the division and shall be calculated at the rate of-

1. One (1) calendar month for each year of the sentence for Class A or B offenders; and

2. Two (2) calendar months for each year of the sentence for Class C or D offenders.

(B) Inmates Not Eligible. Those inmates not eligible for time credit are as follows:

1. Inmates whose conditional release date has been extended to maximum release date because of disciplinary action;

2. Inmates whose conviction was based on a crime committed before January 1, 1979;

3. Inmates serving life sentences or convicted for the crime of persistent sexual offender (section 558.018, RSMo);

4. Inmates convicted of tampering with a victim/witness (section 575.270, RSMo);

5. Inmates convicted of drug sales or possession by a prior drug offender (section 195.200, RSMo);

6. Inmates sentenced as dangerous or persistent offenders (section 558.016.6., RSMo); and

7. Inmates shall not be eligible for time credits until the minimum term required by law has been served for the following:

A. When sentenced as a prior, persistent or a class x-offender (section 558.019, RSMo); and

B. When convicted of armed criminal action (section 571.015, RSMo) or pharmacy robbery I/II (sections 569.035 and 569.085, RSMo).

(C) Parole or conditional release violators with more than one hundred twenty (120) days to serve to their maximum release dates may be eligible to earn time credit at the rate of two and one-half (2 1/2) days per month for Class A or B offenders for the number of months remaining on the sentence at the time of revocation. The rate for Class C or D offenders shall be five (5) days per month. This credit shall be subtracted from the established maximum conditional release date creating a projected time credit release date. Parole or conditional release violators demonstrating acceptable behavior and appropriate program involvement shall be eligible for consideration for administrative parole release on that date.

(D) One hundred eighty (180) days prior to the projected time credit release date the institution head shall forward for each eligible inmate a completed time credit eligibility form to the appropriate institutional parole office supervisor or liaison officer. The form shall include the institution head's recommendation to approve or deny time credit.

(E) The assigned institutional parole officer or liaison officer shall prepare a prerelease report for each inmate recommended for time credit and forward the report with the corresponding recommendation, as well as all other time credit eligibility forms which contain a recommendation to deny time credit, to the chairman of the Board of Probation and Parole.

(F) One hundred twenty (120) days prior to the projected time credit release date, the institution head shall forward to the chairman of the Board of Probation and Parole names of inmates eligible for consideration for administrative parole. The institution head shall certify satisfactory conduct and program participation.

(G) Time credit release dates will be utilized in determining eligibility for furloughs, work release and education release.

14 CSR 10-5.010

AUTHORITY: sections 217.040 and 558.041, RSMo 1986.* This rule was previously filed as 14 CSR 20-8.020. Original rule filed March 14, 1984, effective July 15, 1984. Amended: Filed Aug. 8, 1984, effective Dec. 15, 1984. Rescinded and readopted: Filed June 16, 1988, effective Sept. 29, 1988. Amended: Filed Jan. 27, 1989, effective May 13, 1989.

*Original authority: 217.040, RSMo 1982, amended 1989 and 558.041, RSMo 1983, amended 1986.