Attorney General's News Release

April 12, 2004

Nixon wants crime victims to have the right to be heard as felons petition courts for early release under 2003 law

Jefferson City, Mo. — Attorney General Jay Nixon is supporting legislative efforts to allow Missouri crime victims to be heard as judges consider the petitions of felons seeking early release. A ruling last month by the Missouri Supreme Court that interpreted a 2003 crime bill as applying retroactively could result in thousands of inmates in state prisons convicted of nonviolent class C or D felonies obtaining early release, without crime victims being notified or having a say before the court.

State representatives Jeff Harris, of Columbia, and Cathy Jolly, of Kansas City, introduced bills last Thursday (April 8) to revise Senate Bill 5, enacted in 2003, and give crime victims a voice as the courts consider the cases of felons who are now able to ask for earlier releases. Nixon is supporting the bills, House Bill 1725 and House Bill 1726, which would require the Missouri Department of Corrections to include statements from victims or witnesses in the required recommendation report to the court and give better notice to crime victims.

“The Missouri Constitution and state laws give crime victims rights to be notified of and to be present and participate in parole hearings,” Nixon says. “Unfortunately, they will not have those same rights in the early release hearings under Senate Bill 5 unless we close this loophole. Judges need to have the discretion to hear from and consider those who have felt the greatest impact of these felonies.”

Senate Bill 5 allows offenders convicted of class C or class D felonies to petition the court for release after serving 120 days. Once the petition is filed, the law requires the Department of Corrections to provide a recommendation report to the court. The law says the court must follow the recommendation report unless the court finds that placement on probation would be inappropriate.

"As it stands now, the court reviewing the petition for early release can only consider how the felon has behaved for the past 120 days while in prison, and not consider the impact of his or her criminal activities before being locked up,” Rep. Jolly says. “Missouri has been very progressive in the past two decades in protecting the rights of crime victims. We should not take a step backward now.”

"We simply should not mandate the early release of these prisoners, particularly when we're talking about the types of crimes these criminals have committed,” Rep. Harris says. “Let's keep these people out of our neighborhoods, away from our children and off our streets, and give crime victims a voice.”

HB 1726 would allow the sentencing court to take into account all of the information before it in considering a petition for early release and gives the court discretion in adhering to the Department of Corrections recommendations. The Department of Corrections would be required to provide the sentencing court with any statements from victims or witnesses in its recommendation report. The bill also allows the state to be a party, represented by the original prosecutor, if the court determines that a hearing is necessary before releasing an inmate.

Nixon says his office also is working with crime victims advocacy groups in supporting the legislation.

"On the eve of National Crime Victims Rights Week (April 18-24), we need to fight harder than ever to make certain those feeling the pain of crime are not shut out of the process,” says Angela Hirsch, the executive director of the MADD Missouri state organization.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818