Missouri Sheriffs Association Archives

Missouri could soon catch up on its jail reimbursement debt

February 18, 2021 By Alisa Nelson

Gov. Mike Parson’s FY2022 state budget proposal requests $58 million in hopes of getting Missouri completely out of debt in county jail reimbursements. For years, the state has not designated enough funding to pay counties and the city of St. Louis for part of a defendant’s entire local jail stay if the individual ends up going to state prison. Over the past couple years, the Missouri Legislature has been working to dig the state out of this hole.

Missouri Capitol (Photo courtesy of Alisa Nelson, Missourinet)

Missouri is the only known U.S. state that pays its counties and the city of St. Louis for pre-sentencing jail costs.

During a House Budget Committee hearing Wednesday, Trevor Foley, with the Missouri Department of Corrections, says the governor’s budget request would help the program catch up on overdue jail bills.

“That projection is based on looking at FY20 and the first two quarters of FY21 and then factoring in a COVID bounce back basically for the requests for reimbursement to go back up a little bit. And hopefully by the end of FY22, we will have the arrearage gone,” says Foley. “I will point out that this is a very volatile program. In FY21, we received $52 million in total requests. In FY20, we received $39 million in total requests. It is very difficult to project what we are going to receive in requests from a year-to-year basis.”

The state currently pays county jails about $22.58 per day, but the county’s overall daily cost to house a defendant is much higher. Karen Pojmann, spokeswoman for the Missouri Department of Corrections, tells Missourinet the Missouri Sheriff’s Association conducted a survey a year ago and reported to the State Auditor that the actual cost ranged from $25.45 to $110 per day, with an average of $49 per day.

Rep. Peggy McGaugh, R-Carrollton, says she wants the state to pick up more of the local tab.

“The actual cost to house a prisoner is an average of $60 a day,” she says. “So, they go in the hole, every prisoner, every day, all year long. I would like to see that change.”

The governor’s request would also cover certain costs to transfer those offenders.

Previous stories:

Is Missouri sending the right people to prison? https://www.missourinet.com/2017/08/03/is-missouri-sending-the-right-people-to-prison/

(VIDEO) State owes counties $19 million in jail payments; Missouri sheriff feels the pain: https://www.missourinet.com/2017/09/25/video-state-owes-counties-19-million-in-jail-payments-missouri-sheriff-feels-the-pain/

Missouri falls six months behind in paying county jail bills: https://www.missourinet.com/2017/10/02/missouri-falls-six-months-behind-in-paying-county-jail-bills/

Legislator thinks Missouri should overhaul county jail payment system: https://www.missourinet.com/2017/10/09/legislator-thinks-missouri-should-overhaul-county-jail-payment-system/

Rural Missouri prosecutor: victim tampering “happens everywhere, even in little Johnson County”

August 21, 2020 By Brian Hauswirth

Legislation that increases penalties for witness and victim tampering will go to the Missouri House floor in Jefferson City on Monday, after being approved by the Judiciary Committee on a 17-0 vote this week.

State Rep. Barry Hovis, R-Cape Girardeau, testifies before the Missouri House Judiciary Committee on August 17, 2020 (photo courtesy of Tim Bommel at House Communications)

The prosecutor in western Missouri’s Johnson County traveled from Warrensburg to Jefferson City to testify for the bill, saying that witness and victim tampering happens across the state.

“And we find that those who commit violent offenses are not afraid to use intimidation, harassment, threats and more violence to escape justice for what they do,” Johnson County Prosecutor Robert Russell says.

Russell, who serves as treasurer for the Missouri Association of Prosecuting Attorneys, says witness and victim tampering happen frequently in homicide and domestic violence cases.

“Victim tampering is a problem not unique to the cities of Missouri. It happens everywhere, even in little Johnson County,” Russell testifies.

Johnson County is southeast of Kansas City.

The measure is a key part of Governor Mike Parson’s special session call on violent crime.

The Missouri Police Chiefs Association and the Missouri Sheriff’s Association also testified for the bill this week. State Rep. Barry Hovis, R-Cape Girardeau, the bill sponsor, served as a law enforcement officer for more than 30 years.

The Hovis bill, which is House bill 2, specifies that the offense of tampering with a witness or a victim is a class C felony, if the original charge is a class A felony or an unclassified felony. It’s currently a class D felony, under state law.

Representative Hovis tells Judiciary Committee members that the bill was unanimously approved in committee this spring. He says the Legislature would have approved it, but that the COVID-19 pandemic impacted the General Assembly’s time frame.

Another piece of legislation that goes to the Missouri House on Monday involves witness protection.

The Judiciary Committee voted 17-0 this week for witness protection legislation from State Rep. Jonathan Patterson, R-Lee’s Summit. It would create a pretrial witness protection services fund, to be administered by the state Department of Public Safety (DPS) to law enforcement agencies.

The money would be used to provide security to witnesses, potential witnesses and their immediate families in criminal proceedings or investigations.

Bland Manlove: Missouri’s special session should address the root causes of violence (AUDIO)

July 21, 2020 By Brian Hauswirth

While she would like to see other issues addressed, a key Democratic lawmaker from Kansas City supports Governor Mike Parson’s (R) special session call for witness protection.

State Reps. Richard Brown, D-Kansas City, and Ashley Bland Manlove, D-Kansas City, participate in a roundtable discussion with Missouri Governor Mike Parson and law enforcement officers at the Kansas City Police Department on July 20, 2020 (photo courtesy of the governor’s Flickr page)

State Rep. Ashley Bland Manlove, D-Kansas City, a member of Missouri’s Legislative Black Caucus, says witness protection is a bipartisan issue.

“So we want to make sure that there’s enough funding behind that to relocate people as necessary, or keep them in some type of protective custody until the case is resolved,” Bland Manlove says.

She says police officers cannot complete cases without evidence, like witness statements.

Kansas City has had 106 homicides in 2020, which is about a 35 percent increase from last year. Kansas City Police Chief Richard Smith says there’s a sense of urgency in Kansas City, and that action must be taken.

Bland Manlove and several other state lawmakers from both parties joined the governor this week at the Kansas City Police Department, to hear his presentation about the special session. It begins Monday in Jefferson City.

Bland Manlove would much rather address what she calls the root causes of violence.

“Such as the breakdown of the home, education, health care and how all of those have effects on our day-to-day lives,” says Bland Manlove, who serves on the House Budget Committee.

Governor Parson told Missourinet last week that the only reason he’s calling a special session is for violent crime, and the growing homicide rates in the state. St. Louis has had 135 homicides this year.

“I’d like to see mental health addressed from not only a mental disorder issue, but mental health, a lot of families are broken, so they don’t know how to move through life in an efficient way,” Bland Manlove says.

She says some residents need life coaching, saying some have never been taught how to write checks.

She tells Missourinet that she appreciates Governor Parson calling a special session on violent crime, noting that the Legislative Black Caucus requested that he call one in September 2019. She’s noted that Kansas City and St. Louis have consistently ranked in the top ten deadliest cities for at least a decade.

As for the governor, he traveled to northeast Missouri’s Hannibal on Tuesday afternoon to meet with local leaders and law enforcement officers about violent crime and next week’s special session. Parson held a roundtable discussion at Hannibal-LaGrange, where he was joined by State Sen. Cindy O’Laughlin, R-Shelbina, State Rep. Louis Riggs, R-Hannibal and other lawmakers.

The sheriffs from Marion, Ralls and Lewis counties also attended. Lewis County Sheriff David Parrish is the president of the Missouri Sheriff’s Association.

Click here to listen to the full five-minute interview between Missourinet’s Brian Hauswirth and State Rep. Ashley Bland Manlove, D-Kansas City, which was recorded on July 20, 2020:

Schmitt’s office and law enforcement groups say Missouri carjackings are an epidemic (AUDIO)

February 4, 2020 By Brian Hauswirth

A state senator from eastern Missouri’s St. Charles County outlined his proposed statewide carjacking statute on Monday in Jefferson City, saying carjackings are an epidemic in the state.

State Sen. Bob Onder (R-Lake St. Louis) speaks to Missouri Capitol reporters (2016 file photo)

State Sen. Bob Onder, R-Lake St. Louis, testified Monday before the Senate Judiciary and Civil and Criminal Jurisprudence Committee. Onder tells fellow senators there were 351 carjackings in St. Louis City in 2019.

“These are violent crimes in which Missourians are terrorized in what should be a safe sanctuary, their cars,” Onder testifies.

Onder notes there is currently no uniform sentencing in Missouri for carjacking. Some suspects are being charged with robbery. Others are charged with stealing and are being sentenced to just four months in prison, according to testimony at Monday’s hearing.

During his testimony, Onder read a letter from a retired St. Louis Police lieutenant. The lieutenant’s niece was carjacked in Kansas City in 2018. During the incident, Onder says the suspect put a gun to the victim’s body and threatened to kill her. He then took her vehicle.

Onder says the suspect, who had two prior felony convictions, was released after serving 120 days in prison and was placed on probation.

“It looks like what happened in that case is that perpetrator was sentenced for stealing as opposed to the really vicious, dangerous crime of carjackings,” Onder tells Capitol reporters.

Under Onder’s Senate Bill 561, most carjackings would be a class A felony, with a minimum sentence of ten years in prison.

Instances would include causing serious physical injury to anyone in the vehicle, being armed with a deadly weapon and displaying or threatening the use of what appears to be a deadly weapon.

The Missouri Police Chiefs Association, Missouri Sheriffs’ Association, the Missouri Fraternal Order of Police and the St. Louis Police Officers Association testified for Onder’s bill.

The bill is also a top priority for Missouri Attorney General Eric Schmitt (R). His office testified for the legislation as well.

Schmitt’s office is calling on Missouri to join 23 other states in passing a statewide carjacking statute. Deputy Attorney General Cristian Stevens testified before the committee, emphasizing carjackings in Missouri are an epidemic.

“With carjackings, very often the reason for the carjacking itself is to use that car then as a getaway car, because it can’t be connected to the person driving it,” Stevens testifies.

Stevens says some of the cars are then used in drive-by shootings.

Missouri’s neighboring states of Illinois, Kansas and Tennessee are three of the 23 states that have approved legislation backed by Schmitt’s office.

Onder says there were more than 550 carjackings in Missouri in 2018, including 248 in St. Louis and 227 in Kansas City. But Schmitt’s office believes those numbers are low, noting that St. Louis Police use crime analysts to review robbery and stealing charges to check for carjackings, since there’s no specific statute.

No one testified against Onder’s bill at the hearing. The committee is expected to vote at a later date.

Click here to listen to State Sen. Bob Onder, R-Lake St. Louis, who was interviewed after the February 3, 2020 hearing at the Missouri Capitol by Missourinet’s Brian Hauswirth and KTVI’s Jeff Bernthal:

Missouri law enforcement group and state on different pages about release of prisoners

January 14, 2020 By Alisa Nelson

The State Department of Corrections and Missouri Sheriffs Association have very different accounts about the release of convicted felons from prison. Kevin Merritt, executive director of the Missouri Sheriffs Association, says many convicted felons are getting out of the state’s prisons too soon. He says changes in state law and Department of Corrections policies are making Missouri’s communities more dangerous.

According to Merritt, some prisoners are eligible for parole after serving 15% of their sentence.

Missouri law enforcement group and state on different pages about release of prisoners

“Right now the rule of thumb is, when an individual goes to the Department of Corrections as a convicted felon, they’re serving approximately a month to a month and a half for every year that they were sentenced to prison,” says Merritt.

Department of Corrections Director Anne Precythe tells Missourinet the average stay varies upon the crime but says the average length each prisoner serves has increased over the past five years to 53%.

“The courts, who sentence offenders, they’re the ones who determine the length of the sentence within statutory requirements and then the Parole Board is making those informed, evidence-based decisions about whether someone is allowed to be released to the community,” she says.

Last year, the Legislature passed a measure scrapping mandatory minimum sentences for some nonviolent crimes. It also recently overhauled the state’s criminal code and added a Class E felony. Both efforts affect Missouri’s overall prison population.

The changes followed lengthy work in 2017 by stakeholders within the criminal justice system to find ways to trim the state’s increasing levels of incarceration. The process included judges, legislators, law enforcement, prosecutors, public defenders, corrections and mental health officials and others. In July 2017, Missouri’s total prison population was about 34,000, compared to the current count of roughly 26,000.

“We were facing a crisis,” says Precythe. “We were looking at having to build two new prisons. That would have cost the state about $500 million that we don’t have. But we are still pursuing good criminal justice reform practices. We’re not doing anything crazy within the department. Really, the goal of criminal justice reform is, is to get the low-risk, non-violent people out of prison and save that space and those monies for the violent, repeat offenders.”

Merritt tells Missourinet the state agency is not penalizing parole violators enough after testing positive for drugs.

“DOC and the Probation and Parole Division and the Parole Board, they are releasing convicted felons like they’re giving out get out of jail free cards,” Merritt says. “Not violating parole offenders for testing positive for drugs – that’s a policy decision out of Department of Corrections. We don’t want new laws. We just want the laws that are on the books to be enforced and we want bad policy decisions to be addressed.”

Precythe says probation and parole practices have not changed.

“They are being carried out, as they always have been, in accordance with the Missouri Constitution and state law. Just like law enforcement affords people due process when they’re arrested for a crime, the Parole Board is affording people due process when they’re out of compliance with their terms of supervision,” says Precythe.

Merritt points to two recent criminal cases as examples – one in northwest Missouri’s Nodaway County and the other in southwest Missouri’s Stone County.

Merritt goes on to say the state refuses to take parole violators back to prison after they are captured for a parole arrest warrant.

“They will require the sheriff to hold that person in the local jail and they will send a probation officer to the local jail to interview the person on the parole warrant to determine if they’re going to follow through on the arrest warrant and actually seek revocation of that person’s parole. So, they’ll come to the jail whenever they get time,” he says.

Once a report is written up, it gets sent to the Parole Board for action.

Precythe says a warrant kicks in for those failing to report an address change, going to treatment or testing positive on a drug test.

“I think that’s where folks want to confuse them and think that all people who violate probation or parole supervision are bad people and deserve to go back to prison when that is not in fact the case. There are some and those people are returned to prison,” says Precythe.

Merritt is working with the Governor’s Office about department policies because he says he wasn’t getting anywhere with the department. He says the agency has an agenda and is sticking to it – to reduce Missouri’s prison population.

Precythe says they are in different philosophical places when it comes to criminal justice and it’s difficult for others to understand the department’s unique role.