An effort to allow people on probation and parole to vote has been renewed for a third legislative session.
Representative Melanie Stinnett (Photo: Tim Bommel, Missouri House Communications)
Springfield Republican Melanie Stinnett has filed the language of House Bill 617 since she was first elected. It would lift the prohibition on voting rights for those on probation and parole for a felony conviction, unless their conviction was for a crime related to voting or elections.
Stinnett’s bill has received broad support in the past two years, despite falling short of becoming law. She agreed to carry it largely because of an encounter she had while knocking doors during her first run for the House.
After meeting several more voters who were in a similar situation, and some thought and reflection, Stinnett said she was quick to agree to carry the proposal.
To exempt those guilty of violating election law makes sense for obvious reasons, Stinnett said, but she has seen no reason to have additional exclusions.
People convicted of felonies in Missouri but proven innocent by DNA evidence can be paid $100 for every day they were incarcerated after their conviction. People proven innocent by any other means get nothing. At least one Missouri lawmaker will try to change that in the 2023 legislative session.
Representative Mark Sharp (Photo: Tim Bommel, Missouri House Communications)
Similar legislation was approved by two House committees in the session that ended in May by a combined vote of 24-1, but it was never brought up on the House floor for debate.
Sharp said the amount of harm done to a person and their family by a wrongful conviction goes well beyond the inability to have a job during their incarceration. It can involve difficulty finding work and housing after release, lingering issues that could require medical treatment and counseling, and relationship issues.
Missouri’s restitution statute has been under more scrutiny in recent years as more attention was paid to the case of Kevin Strickland. He was released from prison a year ago after serving 42 years of a life sentence for murder before being proven innocent, but because he was not exonerated based on DNA evidence he received no compensation from the State of Missouri.
Thursday was the first day legislators could prefile bills for the new session, which begins January 4.
Anyone exonerated of a crime in Missouri would be eligible for restitution under a plan that has been advanced by a House committee.
Representatives Ron Hicks (left) and Shamed Dogan (Photo: Tim Bommel, Missouri House Communications)
Missouri law allows anyone freed from prison based on DNA evidence to receive restitution. House Bills 2412 and 2474 would allow those exonerated by any other proof to receive up to $100 a day, up to $36,500 per fiscal year.
Missouri’s restitution statute drew attention following the release late last year of Kevin Strickland, who spent 42 years in prison for a crime of which he was cleared but not by DNA evidence.
Many members expressed support for the proposal, but brought up things they’d like to see added.
Kansas City Democrat Ashley Aune said she wants to see an addition to the bill to ensure exonerees are provided with assistance upon release, in areas like housing and healthcare.
Columbia representative David Smith (D) was the only vote against the bill. He opposed it because it would prohibit exonerees from taking the state to court if they receive restitution under this plan.
Women entering Missouri prisons could have a chance to bond with their infant children while incarcerated, under a proposal that House members will be asked to consider in the session starting in a few days, but that concept is not new. Prison nursery programs have existed in other states for years, and in some cases for decades.
Ellisville Republican Bruce DeGroot is sponsoring one of the bills that would create a prison nursery program in Missouri, House Bill 1897. He said as a state representative he doesn’t always have the resources to provide extensive data that can help to make a case for one of his proposals, but with this bill there is ample data on what a difference it’s made in other states.
DeGroot said while he remains passionate about tort reform, which he believes protects and supports employment opportunities, this is a bill that can have an immediate impact on individual Missourians.
Springfield Republican Curtis Trent will also propose prison nursery legislation. He says as the opening of the new session draws near he’s excited about pursuing this legislation.
Illinois began its Moms and Babies program in 2007 at its Decatur Correctional Center. Non-violent offenders are allowed to keep their babies with them until the age of two. The Illinois Department of Public Health provides health education classes as well as lactation support and guidance. Up to eight mothers and babies are able to live in the facility in safety and with staff support and counseling, and prison staff are trained on the needs of pregnant women and mothers. Other incarcerated mothers are also able to help care for the children in the nursery.
As of 2017, more than 90 women had gone through the program. Only two had returned to prison within three years of release and only two were discharged from the program.
Maggie Burke was the warden at Decatur and managed the state’s women’s facilities until 2017. She said the program has been tremendous in her state and she thinks Missouri should absolutely begin its own.
Debbie Denning, who was part of the exploratory team that created Illinois’ program and was Deputy Director for the department’s Women and Family Services Division, agrees with Burke.
Burke said the programs in Illinois also take into account the unique needs of incarcerated women, who often are dealing with and need to recover from trauma.
Denning said in Illinois there were those who were skeptical about creating a nursery program, and she was proud to watch their attitudes change once it was in place.
Among other states that have a prison nursery program is Nebraska, where, as of 2018, there had been a 28-percent reduction in recidivism within 3 years of a participant’s initial offense and a 39-percent reduction in participants returning to prison custody. From 1994 to 2012, Nebraska’s program saved that state more than $6-million.
Both Trent and DeGroot say they have talked to the Missouri Department of Corrections and the office of Governor Mike Parson (R) and received positive responses to this idea.
Missouri House legislation has led to a man securing a chance at parole from prison in the next year, about 69 years earlier than he expected.
Bobby Bostic
Bobby Bostic was sentenced to 241 years in prison after an armed robbery and carjacking in 1995. Bostic, who was 16 at the time, was tried as an adult and would not have been eligible for parole until 2091, when he would be 112.
A House amendment that became law this year as part of Senate Bill 26 makes eligible to apply for parole anyone sentenced to 15 years or more while a juvenile. The change gave Bostic a chance at a parole hearing after more than 20 years in prison. That hearing was completed recently and Bostic was granted parole. He will be released late next year.
Bostic’s plight became an issue for the legislature in large part through the efforts of O’Fallon Republican Nick Schroer, who was glad to hear about the parole board’s decision.
Schroer took up Bostic’s case in 2019, and then last year with his support, Kansas City representative Mark Sharp (D) sponsored the amendment to Senate Bill 26 that led to Bostic getting a parole hearing.
Soon after hearing about Bostic’s case, Schroer met with him at Jefferson City Correctional Center. He learned that while imprisoned Bostic has earned a GED, an associate’s degree, has completed courses from Adams State University and Missouri State University, and completed more than 30 rehabilitation classes and programs. He has helped other inmates pursue their education, and has become a published author.
Representative Nick Schroer (Photo: Tim Bommel, Missouri House Communications)
It was after that meeting that Schroer began pressing for Bostic to have a chance at parole.
That began with a letter to Governor Mike Parson (R) asking him to take executive action on Bostic’s case. More than 100 legislators in both parties and both chambers signed that letter.
Bostic was sentenced to 241 years in prison on a series of charges stemming from a 1995 incident in which he, then 16, and an 18 year-old robbed a group of people delivering Christmas presents to the needy. One victim was shot and sustained a minor wound. The pair then carjacked and robbed a woman.
None of the victims of Bostic’s crimes opposed him being given a chance at parole. Some testified that he had little involvement in the crimes and that the 18 year-old was the instigator. While Bostic received more than two centuries in prison, the accomplice pleaded guilty in exchange for a 30-year sentence.
Retired Circuit Judge Evelyn Baker, who handed down Bostic’s sentence, has become one of the most ardent supporters of his parole and represented him at the hearing.
Bostic is not expected to be released until late next year. Sharp said he will spend much of the time until then preparing to return to freedom after 20 years behind bars.
Representative Mark Sharp (Photo: Tim Bommel, Missouri House Communications)
Roughly 100 others in Missouri’s prison system could have a chance at parole under the language that helped Bostic. Schroer said for those and others getting out of prison, there are people throughout the state who want to help them start over.
Other portions of Senate Bill 26 have led to a court challenge that could see everything in it struck down. Sharp and Schroer say they aren’t sure what it would mean for Bostic’s case should that happen, but say they will be watching developments and remain committed to helping Bostic get a chance at freedom.
Missourians with felony convictions are no longer blocked from working in places that sell lottery tickets, and face less restriction in working where alcohol is sold, under a law that took effect over the summer. Advocates say the change is a “game changer” for people who get out of prison and want to get their lives back on track.
Henry Mikel and Representative Cheri Toalson Reisch, recently had the chance to meet and talk about her legislation, which allowed him to have his current job.
Mikel is open about his past, which includes a 2nd degree assault charge, and that he is recovering from drug addiction. He is staying at in2Action, a program that helps those released from prison transition back into life and stay out of prison. He recently began working at a convenience store close to the facility. It’s a job he couldn’t have gotten just a few months ago because the store sells lottery tickets.
He thinks the new law is making a big difference for him, and will do so for others in similar circumstances.
He became emotional in expressing gratitude that the law passed. He said with the holidays approaching it will allow him to do something for his two young adult children.
Mikel expressed thanks not only to Representative Toalson Reisch, but to all the legislators who voted for her proposal, and to Governor Mike Parson (R) for signing it into law.
Some would dismiss or even look down on a job such as working at a convenience store, but advocates agree it is a big deal for someone in a position like Mikel’s. He adds that he genuinely enjoys working there, and even as a child he thought it could be a fun job.
A lawmaker with decades of experience in law enforcement plans to file more legislation meant to help victims of domestic violence in ways he wished he could have during his career.
Representative Lane Roberts (Photo: Tim Bommel, Missouri House Communications)
Representative Lane Roberts (R-Joplin) said in his career, including as Joplin’s Police Chief, he was often frustrated at seeing how abusers used the court system to continue to intimidate and persecute victims.
Jennifer Carter Dochler with the Missouri Coalition against Domestic and Sexual Violence says the issues the bill would address are ones seen time and time again in cases throughout Missouri.
Roberts proposes specifying that when a person receives notice from a court that a hearing will be held on an order of protection against them, that serves as notification of any orders the court issues on the date of that hearing. He said this is because often a person who is the subject of an order of protection will violate it, then say in their defense that they didn’t attend the hearing and therefore didn’t know the order had been put in place. He said this amounts to pleading ignorance, and case law has supported this defense.
Another provision would allow victims to testify in court via video conferencing. Carter Dochler said in addition to victims having to make time to go to court over and over, each time having to incur costs for things like travel and childcare, there are many safety concerns for them when testifying in court. Allowing them to provide testimony over video would be a simple fix.
Roberts called the video conferencing language one of the pieces of the bill he’s the most committed to, because he’s seen that victims can often be reluctant to testify.
The bill would also specify that victims and their witnesses don’t have to reveal home or workplace addresses when testifying in court, unless the court deems it necessary.
A provision the Coalition specifically wanted would clarify that a court can order payment of attorney fees incurred by a victim before, throughout, and after a proceeding. Carter Dochler said because the current statute includes the word, “or,” an attorney successfully argued in one case that the abuser wouldn’t have to cover fees for all of those time periods.
Roberts said based on the response he’s gotten from advocates, he already plans to change some of the language he’s prepared. In particular, he expects to amend a provision that would bar prosecutors from offering plea bargains to defendants facing certain levels of domestic violence charges.
“Maybe we overshot on that,” said Roberts.
Other pieces of this bill would require anyone convicted of domestic violence to pay $1,000 to a shelter in the same city or county as the victim; and require that when they are ordered to take a class on domestic violence, they must pay for it.
In the 2021 session Roberts proposed other domestic violence statute changes that became law in June. These allowed for orders of protection to be extended for up to a lifetime; covered pets under orders of protection; and expanded the definition of “stalking” to include the use of technology such as GPS and social media, or the use of third parties.
Roberts said those pieces of legislation drew something of a “fan following” in Missouri, and for good reason.
An advocate says a new law that began as a Missouri House bill is a “game changer” for people trying to establish new lives after felony convictions.
Representative Cheri Toalson Reisch (photo: Tim Bommel, Missouri House Communications)
The legislation eliminated a prohibition on those with felony convictions working in places which sell lottery tickets. It also lifted the requirement that businesses who sell alcohol report to the state when they hire someone with a felony. The changes have been sponsored for several years by Hallsville Republican Cheri Toalson Reisch, and was signed into law this summer and took effect August 28.
Dan Hanneken is the Executive Director of In2Action, a program that helps people transition out of prison. He says the most important factor in a convicted felon not returning to prison is their ability to find employment.
The proposal, filed by Toalson Reisch as House Bill 316, was amended to Senate Bill 26, which was passed and signed by Governor Mike Parson (R).
She said this bill benefit not only her home county of Boone, which she said consistently has one of the highest unemployment rates in the state, but the entire state.
The legislation had broad support, and was viewed as helping fight recidivism and unemployment while supporting criminal justice reform and helping the economy by boosting the eligible workforce. The House voted 148-1 for the 2020 version of the bill.
Hanneken said the law before this change was very frustrating for the people he works with, who often want to rebuild their lives, provide for their families, and simply have a path forward after prison.
Toalson Reisch said the reporting requirement for businesses that sell liquor was, in practice, a pointless exercise for those employers, who had to fill out a form that wasn’t used for anything.
A House amendment that will give some juvenile offenders in Missouri a chance at parole will become effective later this month. The provision was driven by the case of a man sentenced to 241 years in prison when he was 16.
Bobby Bostic
The amendment was signed into law as part of Senate Bill 26. It would make anyone sentenced while a juvenile eligible for parole after serving 15 years of any sentence. It doesn’t apply to convictions for first-degree or capital murder.
Representative Mark Sharp (Photo credit: Tim Bommel, Missouri House Communications)
Sharp and numerous other lawmakers in both parties think Bobby Bostic has been rehabilitated. In 1995, Bostic and an accomplice robbed a group of people delivering Christmas presents to the needy. He shot one victim, who sustained a minor wound. The pair then carjacked and robbed a woman. He was sentenced for 18 crimes and would not be eligible for parole until the age of 112.
None of the victims of Bostic’s crimes oppose him being given a chance at parole. The judge who sentenced him said that sentence was disproportionately harsh, and she favors giving him a chance at freedom.
Sharp said it felt meaningful to pass this legislation, especially knowing that there are more than 100 more people in Missouri’s correctional facilities in similar situations.
A House Bill that would remove the restriction on felons working in businesses that sell alcohol and lottery tickets was sent Thursday to the Senate. House Bill 1468 would also lift the requirement that employers with liquor licenses notify the state of any employees with felony convictions.
Representative Cheri Toalson Reisch (Photo: Tim Bommel, Missouri House Communications)
Bill sponsor Cheri Toalson Reisch (R-Hallsville) said the bill will not only make it easier for felons to find jobs, thus reducing recidivism; it will also make more workers available. She said her county, Boone, has the lowest unemployment rate in the state and more potential workers are needed.
Ballwin Republican Shamed Dogan said the bill includes a provision that would prevent an individual from selling lottery tickets if convicted of a past crime that involved those.
The legislation cleared the House 148-1. Last year several amendments were added to the proposal and it failed to pass out of the House, but this version of the bill has no amendments.
Its supporters include the Missouri Petroleum Marketers Association, the American Civil Liberties Union, Empower Missouri, and the Missouri Catholic Conference.
