House committee asked to weigh stronger civil asset forfeiture law

      A House committee has been asked to consider closing what’s been called a “loophole” in Missouri law regarding civil asset forfeiture.

Representative Tony Lovasco (Photo: Tim Bommel, Missouri House Communications)

       Civil asset forfeiture, “allows the government to take your private property without compensation and without the need to convict you or even charge you with a crime,” Representative Tony Lovasco (R-O’Fallon) told the House Committee on General Laws

      “Now you might think that this is a ridiculous process that we wouldn’t allow here in Missouri, and you’d mostly be right,” Lovasco continues, but he says there’s a hitch.  While Missouri law doesn’t allow for civil asset forfeiture without a conviction he said local prosecutors are getting around it through the federal equitable sharing program.

      “This program allows local prosecutors to transfer assets to federal jurisdiction to actually proceed with a case under federal law, which does not have the same due process rights that Missouri’s law affords,” said Lovasco.

      He said the federal program also allows 80-percent of the proceeds stemming from seized assets to go to the law enforcement agencies who seized them, “which creates an unfortunate, perverse incentive to be very, very aggressive at actually filing these cases.”

      Lovasco’s proposal, House Bill 1613, would block Missouri law enforcement and prosecutors from transferring seized property to federal authorities.  It would also stipulate that federal authorities working with authorities in Missouri must give responsibility for seized property to a state entity. 

      The bill would apply to seizures including less than $100,000 in U.S. currency.  Lovasco explained this was a compromise with law enforcement, who told him that most cases involving that amount of money or more are tied to drug trafficking.  He said he doesn’t like this limit but it will make the bill more appealing to some lawmakers.

      The plan has bipartisan appeal including from Peter Merideth (St. Louis), the committee’s top Democrat.  He told Lovasco he strongly agrees with the proposal but he also doesn’t like that $100,000 cap.

      Lovasco said nationwide, the median amount of money that has been seized by authorities is less than $1,300.  In Missouri the number is higher, but he argues that in most cases money has been seized from people who aren’t involved in crime at all.

      He showed his colleagues a blank Uniform Vehicle Stop Report which includes check boxes for listing contraband that is discovered. 

      “Currency is listed as a check box.  We are in a situation where simply traveling throughout the State of Missouri with legal tender could mark you as a target for law enforcement and subject to having your property taken from you without trial.  That is unacceptable.  My bill aims to correct that,” said Lovasco.

      Reverend Darryl Gray of St. Louis told the committee civil asset forfeiture reform is important in the African American communities of the state. 

      “If one of your colleagues is driving down the street going to buy hay with $10,000 in cash and they got pulled over and one of my colleagues is driving down the street in my neighborhood with $10,000 in cash, your friend might go home with $10,000.  Where I live they’re not going home with that $10,000.  That’s another reality, too,” said Gray. 

      “Stopping someone in my community with x-number of dollars, be it $10,000, $5,000, or $1,000, and you take that away based on some suspicion you have and … turns out that no crime has been committed, the effect that has on that person’s family, that is my biggest concern.”

      The only opposition to the bill voiced in the hearing came from St. Charles County.  Lobbying on behalf of the County, Michael Gibbons said the county’s prosecutors and others believe such asset forfeiture is an effective tool in fighting drug trafficking.  He maintains it is done in St. Charles County without abuses described by Lovasco and other backers.

      “We believe that this is a very important tool to combat the kind of crimes that we’re seeing.  We think we do it effectively, we absolutely believe we do it the right way and … there’s been no evidence presented today, anyway, that says that we’re not,” said Gibbons.

The committee has not voted on the legislation.

Committee hears plan to teach social media literacy, evaluating news

      A bill aimed at teaching children how to critically consider today’s constant stream of information and to be safe online has been presented to a House committee.

Representative Jim Murphy (Photo: Tim Bommel, Missouri House Communications)

      St. Louis Republican representative Jim Murphy has proposed House Bill 1585, the “Show-Me Digital Health Act.”  It would instruct the Department of Elementary and Secondary Education to create a curriculum on the “responsible use of social media.”

      Murphy said children are exposed to information from numerous sources and mediums, and often legislators discuss how to regulate that information.

      “I don’t care how much you try to regulate it it’s not going away and it’s not going to get better, it’s going to get worse, and if we’re not teaching our children how to process the information that they see – how to question it, how to verify it, how to not internalize it, we’re just going to get worse and worse and worse,” said Murphy.  “This is not about what the content of media is.  It’s about how to process media.”

      The Committee on Elementary and Secondary Education heard from Julie Smith, an instructor at Webster University in St. Louis who has authored books and offered numerous presentations on media literacy and news analysis.  She said “digital citizenship” is the term that’s been used for teaching children how to behave online.  She said Murphy’s bill would expand on the basics of “digital citizenship,” which tends to focus on being “nice” online.

      “Kids have been lectured since day one how to behave online.  They know.  Now we need to help them process this digital world that they live in,” said Smith.  “Digital citizenship already exists in Missouri schools but we need to help that go deeper.  We have to go beyond the ‘be nice online’ and help students examine not only how they use the media but how the media uses them.  This 21st century survival skill, these additional digital citizenship skills will not only increase and enhance their digital health but could potentially help preserve our republic.”

      She said a new curriculum would encourage children to read the terms of service for the websites and apps that they use and educate them about laws governing internet use; how websites and apps are designed to keep them online and make money off of them; how to spot and deal with fake accounts; and how to cope with anxieties and depression related to an online presence.

      The committee’s top Democrat, Paula Brown of Hazelwood, is a retired teacher with 31 years of experience.  She expressed concerns about adding to the already extensive curriculum from which teachers are expected to work.  

      Smith said the school districts with which she has worked have asked how to weave this education into existing curriculum, “So that if you’re a math teacher this is how you can do it, if you’re a science teacher this is how you can do it, so that it’s not an additional class and it doesn’t replace anything.  It merely enhances what already exists.”

      Brown said she would talk further with Smith about that, and would do further research into her concern about what additional cost the bill might create for individual school districts.   

      University of Missouri freshman William Wehmer said he believes as someone who just finished his K-12 education Murphy’s proposal is “much needed.”

      “As I made my way through my education I was faced with the abrupt uprising of social media and was given no tools as to how to handle myself online, what a digital footprint was, and most importantly how to respect others with differing opinions,” said Wehmer.

      The bill’s supporters include the Missouri School Boards Association and the Missouri Broadcasters Association.  Mark Gordon with the Broadcasters Association said its member radio and television stations think the bill would support their work on social media.

      “We’re licensed to serve and as a result of that we produce trusted information and the last thing we want is for people to be confused on a side-by-side issue, where they’re looking at something and they see postings from our members versus those from untrusted sources.”

      The committee has not voted on HB 1585.

Previous story: House proposal aims to teach youth responsible social media use, evaluating constant flow of information

Prison nurseries proposal heard in House committee

      A proposal to put a nursery in Missouri’s prisons has gone in front of a House committee.

Representative Curtis Trent (Photo: Tim Bommel, Missouri House Communications)

      Bills filed by Representatives Bruce DeGroot (R-Ellisville) and Curtis Trent (R-Springfield) would let incarcerated women who meet certain conditions live with infants for up to 18 months. 

      The House Judiciary Committee heard that the program has been used in numerous other states, in some cases for decades.  In those cases it has led to better outcomes for mothers and children and reduced recidivism among mothers.  These and other factors have also saved money for those states. 

      Trent said in New York, more than 74-percent of women who left prison with their infants were still living at home with those children after 3 years, “which I think shows pretty readily that they haven’t [gone back to prison] at that point.  They have maintained those family ties, and you see an improved outcome with all that.”

      “We do want to take care of kids who are in a very precarious situation.  We do want to do everything that we can to seek justice in the correctional system, but also make sure that justice doesn’t work an injustice by breaking a family apart that doesn’t have to be,” said Trent.

He said under the proposal, potential participants in the program would first be screened. 

      “We make sure that the mother will be screened for any kind of mental health problems that might exist and that there is no record of violent conduct or child abuse conduct that has occurred in the past, because the goal is to have better outcomes for children in all cases.”

      The committee heard from Maggie Burke, who was a warden at a prison with a nursery, in Illinois.  She assured the committee that these programs do work, and that Missouri should adopt one.

      “You walk into any [prison], I’ve been in dozens of state facilities, and there is always a facility culture, and what you’ll see in every facility that has babies, you’ll see the culture is just different,” said Burke.  “When you have babies in a facility it kind of lowers everybody’s anxiety.”

      Representatives of the Department of Corrections told the committee that in anticipation of this proposal, they traveled recently to Indiana and viewed a prison nursery program there.  They said they came away with ideas that could be utilized in Missouri, and suggestions for tweaks to the legislation filed by DeGroot and Trent.

Maggie Burke, who was the warden at a prison in Illinois which had a nursery, testifies to the Missouri Judiciary Committee about that program.

      Representative Mary Elizabeth Coleman (R-Arnold) thanked the Department for working on this and said she sees it as a continuation of previous legislative efforts. 

      “Briefly I wanted to thank you both very much for your openness to this program and for leading the charge on the anti-shackling [of pregnant women] legislation four years ago,” said Coleman.  “Thank you so much for your willingness to look at this, and thank you for your other work that you’ve been doing on human dignity.”

      Liberty Democrat Mark Ellebracht said, “This is more of a comprehensive approach to taking a pro-life philosophy to folks in Missouri.  It’s pro-mother, it’s pro-infant, it’s pro keeping families together.”

      Lawmakers heard that in other states, prison nurseries are supported largely by donations from private groups, and the same is considered likely to happen in Missouri.  Burke said Illinois’ program was funded without any state dollars.

      The bills propose that the nursery would be regulated by the Department of Corrections, though it could hand some responsibility to the Department of Health and Senior Services. 

      DeGroot wasn’t able to be at the hearing, which focused on his bill.

      The committee has not voted on the legislation.

Proposal would add 17 year-olds to legal definition of ‘missing child’

      The definition of a “missing child” in Missouri law would include 17 year-olds under a proposal heard by a House committee this week.

Representative Bishop Davidson (Photo: Tim Bommel, Missouri House Communications)

      Republic representative Bishop Davidson (R) said he heard from a constituent about a 17 year-old who ran away from home and police could not act to retrieve her.  He said her family felt she was in an unsafe and abusive situation, and noted that they still have responsibility for her care until she turns 18.

      “It’s really a question about at what point are you considered a child and at what point are you considered an adult.  I think if we want to allow for a 9 year-old or a 10 year-old or an 11 year-old, at some point in time that line has to be drawn.  In all of the law we draw that line at 18.  Here we draw it, curiously, at 17,” said Davidson.  “In terms of whether or not a child is considered a child or an adult, I think that there should be consistency across the law.”

      Davidson presented the proposal to the House Committee on Children and Families, the members of which raised some concerns. 

      “If you’re 17 and living in a bad environment at your home … if you leave this would actually give law enforcement people the authority to retrieve you and force you to go back home?” asked Republican Randy Pietzman (Troy)“I’m just thinking of scenarios growing up, people I know that have left home at 16.  They dropped out of school, they left home because it was a bad environment, and 90 percent of those people are pretty well off and doing very well, and I’m just thinking if they’d have been forced to stay there for another year they might not be doing as well as they are.”

      Davidson said it would, but noted there are other systems in place to help a young person in such a situation.

      “Now would I want an officer or someone close to the family, I mean if the child is running away at 17 could that be a pause for concern?  Could that stir up some questions that go, ‘Hey, did they run away for any particular reason that maybe we should look into?’  Sure, that’s a whole other conversation,” said Davidson, who added that he appreciated Pietzman’s reservation. 

      Several committee members thanked Davidson for opening the discussion.  Shrewsbury Democrat Sarah Unsicker recently read about a 17 year-old who was dropped from the foster care system but was not emancipated, so among other things she could not enter into a contract such as a lease to find housing.   

      “The report I got from the government says law enforcement refused to file a missing persons report or issue a pickup order due to the child’s age … so I think it’s really important that law enforcement know that they need to look for missing kids when they’re 17 years old,” said Unsicker. 

      Representative Marlene Terry (D-St. Louis) asked Davidson about expanding his bill to specify that law enforcement search for such individuals, and what must be done in that search.

Representative Marlene Terry asks Rep. Bishop Davidson about his bill, as Representatives Hannah Kelly (light blazer) and Mary Elizabeth Coleman, Chair of the House Committee on Children and Families, listen. (Photo: Tim Bommel, Missouri House Communications)

      “What I’m finding is that there are not procedures in place that make it manadatory to actually search for individuals that are missing.  A lot of times they’ll put up pictures and it’s a blank picture and not a photo.  All those things are important.  Even with the age, makes a difference, there’s other things that make a difference that might be helpful to make the search more valuable,” said Terry.

      “I come to this with a very open mind,” Davidson told Terry.  “This is not an issue that I have been most closely involved in and so I’m excited to see where the conversations go.”

      Mountain Grove Republican Hannah Kelly said in her experience, much frustration for caseworkers comes from directives being handed down without understanding of what would be necessary for them to be met. 

      “I would just ask to be able to have a continuing part in that conversation with you about what the ultimate structure looks like … what does it take to go do this,” said Kelly. 

      “I hope that this piece of legislation won’t leave this committee just in the form that it’s in now,” said Davidson.   

      His bill, House Bill 1559, is scheduled for a second hearing by the committee on Wednesday, and it could be voted on and/or amended at that time.

House member wants to favor family placements over foster care

      A House member wants the state to put more effort into finding family members with whom to place children who are taken into state custody, before placing them with strangers.

Representative Dave Griffith speaks with Alysa Jackson (left) and Sarah Bashore (right) with the Central Missouri Foster Care and Adoption Association (Photo: Tim Bommel, Missouri House Communications)

      Jefferson City representative Dave Griffith (R) thinks the state Children’s Division could do more to that end, and some agencies who support his bill agree with him.

      “We want to go 50 deep if we have to, to try to find somebody that is going to be a good match for that child, that is going to be able to provide that child with a safe and healthy place to live,” said Griffith.  “It really comes down to what is going to be best for the child or the children, and trying to keep children and families together rather than separating families.”

      Griffith said he has heard from a number of constituents who have their own, “stories and their own personal nightmares that they are dealing with when their children are taken from them and trying to get their children back and … having their children separated and not being able to go to relatives, or going to wrong relatives and it being injurious to their future, and many of them, to their health.

      “Trying to work inside the system and trying to find a way that we can do what’s best for the children of Missouri as a whole, that’s really the genesis behind bringing this bill forward.”

      Griffith’s House Bill 1563 would require the Division to make “diligent searches” for biological parents when a child enters state custody.  In the case of an emergency placement, the Division would search for grandparents.  If they can’t be found or aren’t fit, it would then look for other relatives for placement within 30 days. 

      Members of the House Committee on Emerging Issues asked Griffith whether his proposal would simply place burdens on overworked, underpaid, members of an understaffed agency.  Griffith agreed those are concerns for the Division, “but I think that there are resources that are available to [the Division] which are not being utilized to the fullest.  I think if we can utilize these agencies … those are a resource that they can use … and we already have them under contract.”

Sarah Bashore with the Central Missouri Foster Care and Adoption Association told the committee that her agency, serving 24 counties, helped find family members for 34 children in state care in the last two quarters of the last fiscal year.  She said it could help even more children, but the Children’s Division hasn’t being asking.

      “We don’t receive the referrals like we should, for being a contracted agency.  They’re paying for our service but they’re not always using it,” said Bashore. 

      She believes as employees with the Division leave and are replaced, those new hires simply don’t know that her agency and others like it are available, or how they can be used.

      She said similar agencies cover other parts of the state, “So we would just ask that we continue doing our work and, if at all possible, if they do some of the work as well then I think, combined, that we’ll see a lot less kids in stranger foster care.” 

      Bashore said her agency and others are simply more capable and have more resources than Children’s Division for doing the kinds of searches that Griffith’s bill would require, and with compelling results. 

      “The search engines that we have … it’s not as time consuming as one might think,” said Bashore.  “With our program that we run and are contracted with, it’s called 30 Days to Family, we’re able to find at least 80 relatives if not more.  Our average this last year has 115 relatives, and we do that within 30 days.”

      Bashore added, there could be an additional benefit to the state if more children were placed with family members rather than in foster care.

      “For a child to remain in foster care it’s more than $25,000 a year,” said Bashore.

      The committee has not voted on Griffith’s proposal.

House Budget Committee weighs proposed pay hike for state employees

      The Parson Administration has made its case to the House Budget Committee for a proposed 5.5-percent pay increase for state employees. 

Missouri Budget Director Dan Haug testifies before the House Budget Committee (Photo: Ben Peters, Missouri House Communications)

      The committee heard from the administration’s budget director, Dan Haug, who outlined the motivation for the plan that would cost about $72-million including $41-million in general revenue.  It would set state employee pay at a minimum of $15 an hour and kick in February 1, if it can get through the legislature by then.

      Haug said Missouri must do something to respond to recent and rapid changes in the labor market. 

      “We’re getting to the point where if we have more vacancies and more turnovers we’re not going to be able to operate our state facilities,” said Haug.  He said some facilities with minimum staffing requirements, such as prisons and mental health facilities, have resorted to forced overtime to fill shifts. 

      “That’s not the way we want to run the state,” said Haug. 

      Haug said one reason for proposing a February 1 start date is that a stipend being paid out of federal money to state employees in some institutions came to an end at the end of December.   

“We feel like if we wait until July 1, which is typically when we would do a pay increase, when the new fiscal year starts, then we’re just going to keep bleeding employees and we’re going to get to those critical numbers where we don’t have enough employees to safely operate our correctional institutions and our mental health institutions and provide the quality of services that the citizens of this state deserve,” Haug said. 

“We’re just responding to the wage market that is out there.  We are trying to figure out what a market wage is that’s going to let us be competitive.  We’re not trying to set the market.  Honestly we’re not even trying to get to the middle of the market.  We’re just trying to get somewhere where we can be competitive and get people in and keep our good people,” said Haug. 

Most lawmakers seemed to agree with the desire to increase state employee pay.

“Let’s face it:  we’re in competition with McDonald’s right now, so obviously something has to break there, without a doubt,” said Representative Don Mayhew (R-Crocker).   

      Excelsior Springs Republican Doug Richey agrees, but he has an issue with setting a new minimum baseline of $15 per hour for state employees’ pay.  He said given existing pay structures that could set the income of some new state hires too close to the level of pay of long-term employees.

      “Creating an arbitrary baseline prevents us from being able to be responsive to the market, as well as sends an unintended message that would be somewhat negative to those … who have been working for two decades,” said Richey.  “You can work for 20 years in your job, have tremendous institutional memory and ability, but you’re really no different than a part-time custodial worker at 17 years of age with no experience.”     

      “I wanna get away from the $15 an hour because to me that’s just a number.  That’s not what it’s going to take to get people in.  I’m an employer … in unskilled jobs and I can’t get people for $17 an hour, so that $15 an hour is just a number we’re throwing out there and I believe that is for political reasons,” said Representative Richard West (R-Wentzville)“Let’s do realistic and what’s it going to take to hire?  For one department it may require 15, for another department it may require 18, for another department it may require 22.”

The Missouri House Budget Committee takes testimony from Missouri Budget Director Dan Haug (Photo: Mike Lear, Missouri House Communications)

      Many legislative budget makers resist using federal funds to support ongoing expenses, like state employee pay.  They refer to it as, “one time money.”  Haug said this proposed pay hike relies only on state funds.

      “Missouri’s revenues are doing very well.  Right now the state’s economy is doing well.  We have more people coming back to work.  Our revenues are coming in very strongly.  They came in very strongly last fiscal year.  The consensus revenue estimate shows strong growth through fiscal year 23,” said Haug.  “Even at a very conservative growth rate of 1.5-percent growth in general revenue we can easily afford this ongoing pay increase.”

      Haug, who has worked with the state’s budget for more than 25 years, said, “I feel very confident that we can afford what we’re doing now and what we’re going to need to do in the future.”

      Other legislators asked whether studies should be done to make sure the state needs the employees it has, or that pay increases would be going to the employees who are most needed or deserving.  Haug said the state has reduced its workforce significantly in the past ten years, and said such an employee pay review could take months, and changes to the labor market necessitate a quick response.  He said state employee turnover in some positions and pay levels has been as high as 55-percent. 

      The committee has not voted on the bill which includes the proposed pay plan, House Bill 3014

House proposal aims to teach youth responsible social media use, evaluating constant flow of information

      A House member believes Missouri children should be taught in school how to deal with and scrutinize the constant stream of information with which they are faced every day.

Representative Jim Murphy (Photo: Tim Bommel, Missouri House Communications)

      St. Louis Republican Jim Murphy believes all media has one thing in common:  that it was created by someone, and created for a reason.  He thinks children aren’t being equipped with how to figure out, in each case, what that reason is and how to deal with it.

      House Bill 1585 would create the “Show-Me Digital Health Act.”  It would have the Department of Elementary and Secondary Education create a curriculum on the “responsible use of social media,” but Murphy said his aim is to teach how to critically analyze information whether it comes through news, entertainment, advertising, or anything else.

“It’s about how you process the message.  We see things coming at children from so many different angles, and today they’re not being taught how to process that information, how to verify it, how to question why is it they’re receiving that message, what is it the person on the other end of that message is trying to make me do,” said Murphy.  “We’ve just gotta teach our kids to question, to verify, all of the different aspects of the information that’s being sent to them.”

Murphy’s bill would have DESE create a curriculum to cover things including the purpose and acceptable use of social media; identifying online misinformation; and applying protections for freedom of speech for online interactions in schools as provided by DESE. 

The bill also specifies that the bill should cover cyberbullying prevention and response.  Murphy said bullying goes beyond interactions between bullies and victims, but is fueled by what children see online.

“If they don’t fit into the mold of everything they see then they feel like they’re an outcast.  We don’t teach them that they’re not an outcast just because they’re seeing it out there.  It’s a very encompassing view, but if we’re not teaching our children to process all of the information as a whole, and questioning it as a whole, and understanding it as a whole, then they’re going to take some things personal and it can have catastrophic results,” said Murphy.   

“They have to understand that what they see and hear on the internet is meaningless in their lives, and we can teach that to them but we don’t.  We try to, instead, try to put a policy up that says you can’t put this information out there.  Well it’s out there anyway so we have to teach the people on the other side how to process it when it gets to them.”

      Murphy stresses he doesn’t believe this is a partisan issue.  He doesn’t want the curriculum to be tailored to favor information from any given sources, but to teach children to understand and dissect everything with which they are presented. 

      He said his legislation could be expanded to address teaching children how to be safe from online predators, scams, and other such threats. 

      HB 1585 would require Missouri schools to adopt such a curriculum for grades three to 12 by the 2024-25 school year and provide professional development to the teachers who would use the curriculum.   

      His bill has been prefiled to be considered in the session that begins Wednesday.

Sponsors of prison nurseries proposal point to successes in other states

      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.

      “Everything I’ve heard about this bill has been extremely positive, as it turned out 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.

      “There are some bills that are just so directly related to people and their situations in life and this is one of those.”

      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.

      “Of course the legislative process is there to vet these ideas and make sure there are no unintended consequences, but so far the response that I’ve gotten has been very positive, very encouraging, and the data that we have from other states and the input that we have from other people in this state so far has been overwhelmingly positive,” said Trent.

      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.

      “It’s a program that works.  It’s a program that works for moms.  Moms don’t come back to prison.”

      “There is not a ton of research on prison nurseries, but what we do know is that it does reduce the recidivism for the women who go through the program.  They are more bonded with their child and have more of a reason to stay on track when they get out.”

      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.

      “I absolutely would recommend that [Missouri] allow this program to happen, and I think that any concerns that legislators have can be addressed and really can help form the program,” said Denning.  “It’s really important not only for the culture of the facility – it makes the administration happy, it makes the employees happy, but overall it’s the best thing for the baby and the mother, and the recidivism shows that. 

      Once the bond occurs the mother is much more motivated to be successful and the administration sees a shift in that facility, and facilities are extremely dark and hard to run and a lightness comes in that you just cannot believe.”

      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.

      “A lot of the women have experienced significant trauma throughout their lives which have led them down various paths of substance use, and so a lot of them have never been a parent without some sort of substance use … what we found was that women were able to raise a baby for the first time and bond with a child for the first time without that substance use,” said Burke.

      “Part of our programming is parenting classes on learning how to be a better parent, but also part of our programming was kind of day care classes so that they would learn how you would take care of a child in day care.  You would log when you changed a diaper, what kind of diaper it was that you changed, how much you fed them, how much they ate, what kind of food, what kind of drink, and how much naptime they took.  You become better in tune with your child so when they come home they are better prepared to have more children if they do, just to be a better parent, a more attentive parent.”

      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.

      “I had one sergeant … who was just awful about, ‘Why would we bring babies in prison,’ and ‘These women don’t deserve their children,’ and I put him on the committee.  We had him, within six months on our committee, he was the first one that I had to say, ‘You can’t bring things in for the babies,’ because he was bringing in clothing and different things.  It was just a complete turnaround.” 

Denning continued, “I think that with anybody, when you see that nurturing environment and you see that these women bond with their children … when they started to begin to understand that our job wasn’t to punish, but really to rehabilitate and set this person up to be a parent, to feel that bond with their child, and then to go out and be able to be self-sufficient and not relying on the system.  Once we were able to connect those dots, they were all over being positive about the program.”

      Burke said the program benefits not only the women and children who participate, but the rest of the prison.

      “The culture of the facility kind of changes.  I don’t know if you’ve been into very many prisons but there’s just kind of a feeling when you go into the prison and most facilities don’t feel like a facility that has a bunch of babies in it.”

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. 

      The 2022 legislative session begins January 5.