The House has voted to restore the right to vote to people who are on probation or parole for a felony conviction.
Representatives Kimberly-Ann Collins, Melanie Stinnett, and Marlon Anderson present legislation to restore voting rights to individuals on probation and parole to a House committee. (Photo: Tim Bommel, Missouri House Communications)
Missouri is one of 17 states that withhold the rights of convicted felons to vote until they complete probation or parole. The proposal would restore that right as long as the person’s crime was not related to voting.
Anderson has proposed this change in each of his six years in the legislature. He says he believes in this largely because of what he experienced while working as a probation and parole officer.
This was the first proposal Stinnett ever filed, and like Anderson, she has been offering it ever since. She said it resulted from an experience she had while knocking on doors during her first campaign.
Representative Melanie Stinnett said it was an encounter with someone she met while running for the House for the first time that prompted her to make this the first proposal she filed. (Photo: Tim Bommel, Missouri House Communications)
Another representative who has filed such legislation, LaKeySha Bosley (D-St. Louis), said for it to be passed out of the House, and early enough in session to give it a realistic chance of clearing the Senate as well, gives her hope.
The Missouri House has voted to take more steps toward fighting opioid addiction, with more such efforts likely to come from the chamber before the session ends in May.
Representative Keith Frederick (photo; Tim Bommel, Missouri House Communications – click for larger version)
House Bill 2105 has been sent to the state Senate for consideration. The bill has a number of provisions. Sponsor Keith Frederick (R-Rolla) said the overarching idea behind the bill is to see a shift in the response to opioid addiction from law enforcement and incarceration to treatment availability.
Frederick said the main provision of HB 2105 would create the “Improved Access to Treatment for Opioid Addictions” Program (IATOA). It would use assistant physicians – a position created by legislation passed in 2014 – to work in a collaborative way with licensed doctors to provide addiction treatment throughout the state.
Those assistant physicians will be supported by the ECHO program (Extension for Community Healthcare Options) – a program that uses videoconferencing to connect experts with providers statewide to help providers offer specialized care. Frederick said a module has been created for ECHO that focuses on opioid addiction treatment.
Frederick said this program would be among the first of its kind in the nation, and other states are already taking note of it and considering how to create their own.
Another of HB 2105’s main provisions would limit to a seven-day supply the amount of an opioid drug that could be prescribed to someone for acute pain. Frederick said this is meant to keep people from becoming addicted while not limiting such drugs to those who rely on them for long-term pain management.
Representative Jay Barnes (photo; Tim Bommel, Missouri House Communications – click for larger version)
The bill would also create the Prescription Abuse Registry – a registry a person could voluntarily add himself or herself to – for individuals who have struggled with addiction. The registry would do no more than notify doctors who choose to check it that those on the list have had a substance abuse problem. That language was added by Representative Jay Barnes (R-Jefferson City).
A person could petition to be removed from the list five years after adding her or his name to it.
Other provisions in HB 2105 would create a drug take-back program for disposal of unused prescriptions; and bar the Department of Corrections from preventing offenders from receiving medication-assisted treatment for substance abuse or dependence.
The bill would also discontinue patient satisfaction scores of doctors, to the extent allowed by federal law. Frederick said this is to keep doctors from being giving low scores by patients with addiction issues to whom they refused to prescribe opioids. Such false, punitive low scoring can hurt doctors’ reputations, and hurt them financially.
The House voted 128-4 to send HB 2105 to the Senate. Representative Frederick is also handling HCB 15 which will also contain multiple provisions aimed at fighting opioid abuse. That legislation could be coming out of the committee process and ready for debate in the full House in the next few weeks.
The legislature has passed a budget that aims to make state agencies more accountable when lawsuits against them cost taxpayer dollars.
House Minority Leader Gail McCann Beatty made creating transparency with the legal expense fund one of her priorities this session. (photo; Tim Bommel, Missouri House Communications)
Lawmakers learned last fall that the Department of Corrections had reached millions of dollars in settlements in recent years with employees who had been harassed, discriminated against, and in some cases retaliated against. Legislators said they didn’t know about apparent ongoing issues in Corrections because of how money for settlements was identified in the budget.
Settlements had come out of a single line in the budget called the legal expense fund, which had no spending limit. That meant legislators did not know how much money was being spent on settlements each year, and agencies didn’t have to explain to the legislature what was behind lawsuits against them.
The budget for the year starting July 1 would cap that line at $16-million. If settlements exceed that, the Office of Administration can pull up to $10-million from other funds it controls. If that isn’t enough, OA can then take money directly from the budget of the department involved in a given settlement.
The Attorney General has said he will also report to the legislature every month on the activity of the legal expense fund. House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob) said that’s why even if OA has to go to any of those additional places for settlement money, it must all pass through that fund.
House Budget Committee Chairman Scott Fitzpatrick (photo; Tim Bommel, Missouri House Communications)
Meanwhile the House has passed a bill that would require by law those monthly reports from the governor, but with the process moving slowly in recent weeks, House Democrat Leader Gail McCann Beatty (Kansas City) said she’s looking for other bills to which she can add that language.
Legislators believe that with the new budget provisions and reporting by the attorney general any future situations like that uncovered at Corrections will be exposed.
Meanwhile, a House subcommittee launched to investigate corrections and recommend changes in that department is close to releasing its report.
The legislature’s budget proposal is now awaiting action by Governor Eric Greitens (R).
The legislature’s top responsibility enters its final push this week, as Friday is the constitutional deadline for it to propose a budget for the fiscal year that begins July 1.
House Budget Committee Chairman Scott Fitzpatrick (photo; Tim Bommel, Missouri House Communications)
Beginning tomorrow, selected House and Senate members will work to negotiate a compromise between each chamber’s budget proposals. Any compromise the two sides reach must then be voted on by 6 p.m. Friday to be sent to Governor Eric Greitens (R).
The House proposed that the state should for the first time fully support the formula for funding K-12 schools. Early discussions in the Senate suggested it would do otherwise, but it decided to follow suit. That was the top priority for House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob), and with both chambers agreeing on it, he says his priority now is clear.
“A balanced budget,” Fitzpatrick said.
Getting there by Friday, however, will be challenging. The difference between the two chambers’ budget proposals is somewhere beyond $100-million.
Fitzpatrick said much of that difference is in projects the Senate added when they were planning not to fully fund the K-12 education formula. When the Senate voted to instead fund the formula, it didn’t remove those projects.
Another substantial difference between the two proposals concerns “Es.” For several years, legislative budget makers have used an “E” at the end of a budget line to represent an open-ended spending limit. This was often used in places where predicting how much would be needed over the course of a fiscal year was particularly difficult, and it would allow an entity to exceed the budgeted amount if necessary. The effort to remove Es began several years ago, and the House proposed a budget that completed that removal.
The Senate restored some Es to various places in the budget. Fitzpatrick wants to remove those in the final compromise. He said their presence in the Senate’s proposal also distorts how far apart the House and Senate plans are.
Fitzpatrick said he doesn’t know how many more such examples exist throughout the budget plans.
One line of particular importance to Fitzpatrick and others in the House is the state’s legal expense fund, which has had an E on it. That line has been the focus of great legislative attention this year after the revelation that the Department of Corrections has settled millions of dollars in lawsuits in recent years in cases of employee harassment, discrimination, and retaliation.
With an E on that line – the line from which comes the money for all settlements with the state – Corrections never had to come before a legislative committee to explain what was behind the multiple, large settlements. Lawmakers say that kept them in the dark as to the environment and repeated issues in the Corrections Department.
The House’s proposal replaced that line with lines in the budgets of each state agency. That meant any future settlement would come out of the involved agency’s budget, and if it had so many that it exceeded what the legislature appropriated, it would have to explain why to lawmakers. The Senate returned the legal expense fund to being a single line in the budget. Fitzpatrick and House members strongly want to see the House’s version restored.
House and Senate conferees begin meeting Tuesday morning. Their goal is to have a compromise ready for each chamber to vote on by Friday. Failure to meet the state Constitution’s deadline could mean legislators will have to meet in a special session, after the regular session ends on May 20, to complete a budget.
The House has voted to increase transparency when lawsuits against state agencies are settled. The legislation was prompted by the revelation that millions of tax dollars were paid out over several years in settling harassment and discrimination cases against the Department of Corrections.
Representative Paul Fitzwater (R-Potosi) carried HCB 7 on the House Floor. (photo; Tim Bommel, Missouri House Communications)
House Committee Bill 7 would require the attorney general to report every month to the legislature and others about how the state’s legal expense fund – the fund from which money for settlements is taken – has been used.
Those cases against Corrections came to light late last year when an article on Pitch.com detailed several of them, and outlined how employees who complained about being harassed or discriminated against were victims of retaliation by fellow Corrections staff members.
House members said after the article came out that they were unaware of the settlements because those have been paid out of a line in the budget that has no spending limit on it. That meant departments never had to come to the legislature and justify how much their settlement agreements were costing the state.
St. Charles Republican Kathie Conway, who chairs the appropriations committee that oversees Corrections, said this bill is needed.
House Democrat Leader Gail McCann Beatty hopes to prevent state employees who have complained of harassment or discrimination from having to sign gag orders as part of court settlements. (photo; Tim Bommel, Missouri House Communications)
House Democrat leader Gail McCann Beatty (Kansas City) proposed that the reporting should cover all state agencies and not just the Department of Corrections. She said the reporting requirements could lead the legislature to make changes in policies or laws to address issues resulting in lawsuits in other agencies.
She hopes the legislature will go further and address the signing of gag orders by state employees who complain of harassment or discrimination, as some in the Corrections cases did under the terms of their settlements.
Missouri Attorney General Josh Hawley (R) announced in March he would begin monthly reporting on the activity of the legal expense fund. Legislators praised his decision but said HCB 7 is still needed to ensure future attorneys general will follow suit.
Hawley’s first such report comes out April 30.
HCB 7 would also require the Department of Corrections’ director to meet with the House’s committee overseeing that department twice each year to discuss issues with that department.
The House voted 150-1 to send the bill to the Senate, but only two weeks remain in the legislative session for that body to consider it.
The latest version of the House’s proposed budget would restructure the Department of Corrections, in light of how it handled cases of harassment and retaliation against employees.
House Budget Committee Chairman Scott Fitzpatrick (photo; Tim Bommel, Missouri House Communications)
House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob) said his plan would redirect money that goes to the Department’s offices of Inspector General and Human Resources, and create an Office of Professional Standards.
Fitzpatrick said he worked with Corrections Director Anne Precythe in developing his proposal.
The House in January announced the creation of the Subcommittee on Corrections Workforce Environment and Conduct after a news article revealed the Department had settled numerous lawsuits filed by former employees who had been harassed. Those settlements were costing the state millions of dollars.
The subcommittee’s chairman, Representative Jim Hansen (R-Frankford), said the committee came to a similar conclusion about the job that the inspector general had been doing.
Missouri Department of Corrections Director Ann Precythe (photo; Tim Bommel, Missouri House Communications)
Precythe did not speak to House Communications for this story, but the Department did supply a memo from her dated March 14. In that, she said the Office of Professional Standards will be made up of the Civil Rights Unit (formerly Human Resources), the Employee Conduct Unit (formerly the office of Inspector General), and the Prison Rape Elimination Act (PREA) Unit.
She said new processes would “begin soon” and, “we are still fine tuning the remaining details,” but said, “We are changing our investigative processes to allow institutions to handle most offender-related incidents. This change allows us to reallocate resources into the Civil Rights Unit. The Civil Rights Unit will conduct investigations into allegations of discrimination, harassment, retaliation, and unprofessional conduct. With additional resources, the Human Relations Officers will be able to conduct and complete investigations even faster than they do now.”
“In addition, Human Relations Officers will soon be conducting training statewide for all employees and will be doing additional outreach and follow up with employees who feel that they have been subjected to discrimination, harassment, retaliation or unprofessional conduct. More Human Relations Officers also means more opportunities for them to visit institutions and offices throughout the state and interact with employees outside of the investigative process.”
Precythe explained the Employee Conduct Unit would investigate employee violations of procedure, unexpected offender deaths, suicides, and potential homicides. Those investigations would be assisted by law enforcement in certain cases.
Fitzpatrick’s budget also removes the “E” found on many lines in the budget. Those Es represents an open-ended spending limit on funds in which legislators expect money beyond what they allocate might be needed before the next budget is created. One such E was found on the budget line from which comes money for settlements the state must pay.
Fitzpatrick and others have said it is because that line had an “E” that legislators were unaware for years of the settlements involving the Department, and the harassment and retaliation issues that caused them. By removing the E, agencies must now come to the legislature and explain why they would need additional money for court settlements. That could shed light on recurring problems such as the Corrections Department had.
Fitzpatrick said he also proposes putting an appropriation for legal expenses in the budget of each state agency, whereas before the money for settlements across all agencies came from one line.
The House continues work this week on a budget proposal to send to the Senate. Once the House and Senate agree on a spending plan it must still go to Governor Eric Greitens (R).
House lawmakers shocked by what some have called an environment of harassment and retaliation in the Department of Corrections are considering a bill they hope will let the legislature know when such situations are present.
Minority Leader Gail McCann Beatty presents House Bill 858 to the House Budget Committee. (photo; Tim Bommel, Missouri House Communications)
An article on Pitch.com detailed numerous reports of employee-on-employee harassment in Corrections, including cases of retaliation against those who reported it. Some cases resulted in lawsuits that have cost the state millions in settlements and more cases are pending.
House Minority Leader Gail McCann Beatty (D-Kansas City) has filed a House Bill 858, which would require the Attorney General to report to the General Assembly every month on activity concerning the state’s Legal Expense Fund. That’s the fund from which the state pays all defense costs, including all settlements.
McCann Beatty and others say such reports would inform the legislature when there are problems in state agencies such as those coming to light in Corrections.
As House Communications reported in December, lawmakers say they didn’t know about the repeated incidents of harassment in part because the Legal Expense Fund has for years had an open-ended dollar amount in it. The line included an “E,” for “estimate,” which meant if expenses in that line exceeded what the legislature budgeted, more money could be spent on it.
That meant even though multiple lawsuits stemming from harassment cases in Corrections were being litigated and settled, the Department never had to come before the legislature and explain or justify the additional expense.
Budget makers plan to remove that “E” so that similar situations will have to be explained to the legislature in the future, but McCann Beatty’s proposal would require further accounting.
Lawmakers say such oversight could reveal similar recurring problems in other state agencies. McCann Beatty gave the Budget Committee information from the Attorney General’s Office showing the state had spent about $60-million on settlements in the past five years, though the legislature had only appropriated about $30-million for legal expenses.
In the fiscal year that began July 1, the Attorney General’s Office reports Missouri has expended more than $17-million in 24 settlements and 4 judgments. Those settlements include 16 discrimination or retaliation claims among seven state agencies.
The “primary focus” for the incoming Director of the Department of Corrections is dealing with reports of harassment and retaliation within the department. That’s what Ann Precythe said after talking to a House subcommittee created to review those reports.
Missouri’s Department of Corrections Director-designee Ann Precythe talks to the House Subcommittee on Corrections Workforce Environment and Conduct. (photo; Tim Bommel, Missouri House Communications)
A news article citing court documents said some Corrections employees had been the victims of harassment by other employees. Some were retaliated against after reporting incidents, and some cases led to lawsuits that have resulted in millions of dollars of legal settlements by the state, with more pending.
Precythe spoke to the House Subcommittee on Corrections Workforce Environment and Conduct about her plans for the department. After her presentation she told reporters there is a “phenomenal framework” in place for dealing with custody and control and prison operations.
Precythe previously served as the Director of Community Corrections in North Carolina before being appointed in Missouri by Governor Eric Greitens (R). She told the committee North Carolina’s corrections system had a “zero tolerance” policy regarding harassment.
Precythe said she is still gathering information about what has happened in the department. She told the committee, “I don’t have the answers for certainty about what’s not working or why, but I do know what can work and how to implement it.”
She said that means focusing on holding staff accountable, training and education, and making sure staff understands what professionalism in the workplace looks like.
Missouri’s entry-level corrections officers are the lowest paid in the nation. Some have asked whether that could contribute to harassment issues, by lessening morale and making the keeping of the best employees more difficult.
Representative Jim Hansen chairs the House Subcommittee on Corrections Workforce Environment and Conduct. (photo; Tim Bommel, Missouri House Communications)
The subcommittee’s chairman, Representative Jim Hansen (R-Frankford), said he was pleased with Precythe’s plans for a zero tolerance policy, and to focus on employee promotion and morale.
A Missouri House subcommittee that will investigate reports of harassment within the Department of Corrections has been formed.
Representative Jim Hansen will chair a House subcommittee that will investigate reports of employee-on-employee harassment within the Department of Corrections. (photo; Tim Bommel, Missouri House Communications)
An article on Pitch.com outlined multiple cases in which, it said, court documents showed some Corrections employees were the victims of harassment by other employees. Some were retaliated against after reporting incidents. Some cases led to lawsuits that have cost Missouri millions of dollars in legal settlements, with more pending.
He said the committee’s greatest focus will be on the Department’s procedures and how it follows up on complaints.
“I have taken several complaints to different levels of the Corrections Department and always got an answer but it was always in favor of the Department, basically. I’m not saying it was wrong or right,” said Hansen. “I think we just need to review who are making these decisions when it comes to policy, when it comes to harassment, when it comes to workplace environment.”
The House’s investigation comes as the administration of new Governor, Eric Greitens, is taking over from the administration of former Governor Jay Nixon. Hansen says that means some of the people who bore responsibility for continued harassment, or who had knowledge of it, could have already left the Department or be on the way out.
Hansen said the committees’ recommendations could include actions against employees connected to the harassment, if its members feel that is necessary. Hansen said supervisors of those employees could also be called in front of the committee.
Entry-level corrections officers in Missouri are paid less than their counterparts in any other state. Hansen said that makes it more difficult to keep the best people. That could also be reflected in to the committee’s investigation and recommendations.
Hansen’s district includes the state prison at Bowling Green. Prior to the Pitch article he had been looking into unrelated complaints at the Corrections Department.
The committee will prepare recommendations for House Speaker Todd Richardson (R-Poplar Bluff).
The state House of Representatives will investigate reports of harassment within the state Department of Corrections, which has reportedly victimized numerous employees and cost the state millions in legal settlements.
House Speaker Todd Richardson (photo; Tim Bommel, Missouri House Communications)
A recent article on Pitch.com outlined multiple cases in which, it said, court documents showed some Corrections employees were the victims of harassment, retaliation, and threats based on sex, age, religion, or physical ability.
In several of those cases, the employees or former employees making the allegations agreed to a settlement with the state. Between 2012 and 2016 those settlements totaled more than $7.5-million.
“They’re doubly concerning here in Missouri because it’s leading to a huge budget impact. The cost to the state to have to settle these claims has been significant,” said Richardson.
He said the House would take up a “very thorough review,” of what’s been happening at the Department.
Representative Kathie Conway (R-St. Charles) chairs the House committee that deals with the Department of Corrections’ budget. She said the reports of harassment never came up in her committee, even though they were resulting in sizable settlements.
The line in the state budget from which money for settlements with the state comes does not have a finite dollar amount in it. Rather, it has an “E” at the end of that line, meaning it includes an estimated amount. That allows for additional money to be used for that purpose, as needed. Conway said that is one reason the settlements never came to the attention of a legislative committee.
Richardson said details on how the House investigation will proceed will be released in coming weeks.
