EARLY-RELEASE LEGISLATION WON'T QUELL CRIME IN MISSOURI

Felons such as drug abusers, meth traffickers, child molesters, burglars and
repeat-offender drunken drivers could soon be back on the streets and among
our families and children. Missouri faces the possibility that about 9,000
prisoners - or nearly one-third of our prison population - could be released
from prison early under Senate Bill 5 passed in the 2003 legislative
session. In recognition of National Crime Victims Rights Week, yesterday
through Saturday, we can do better.

Senate Bill 5, passed last year and signed into law by Gov. Bob
Holden, allows criminals convicted of Class C or D felonies to seek
release from prison after only 120 days, reduces prison sentences for
Class D felons and provides that 120 day prison "shock time" doesn't
count as prior prison time for repeat offenders.

I voted against Senate Bill 5 because a "get out of jail early" card
is not the answer to budget woes. We do not respect victims and we
send the wrong message to our children if we suggest criminals should
be punished except in a budget crisis. Such moral relativism has no
place in our criminal justice system. Methamphetamine cookers and
child molesters should not be able to seek release well before their
parole dates simply because of overcrowded prisons. As the saying
goes, if you can't do the time, don't do the crime.

Yet the bill had overwhelming bipartisan support: Out of the 197
members of the legislature, only 15 of us voted against it. Many
well-intentioned legislators supported the bill to save money and
reduce prison overcrowding. Last month, their good intentions were
tested when the Missouri Supreme Court held that a section of Senate
Bill 5 should be applied retroactively, which along with other court
rulings could lead to the early release of thousands of felons.
Attorney General Jay Nixon has said the changes in the law "are the
most significant threat to public safety" in his time as attorney
general and "a step backward in making Missouri safe." The Kansas City
Star editorialized that the early release law "went overboard" and
"has the appearance of a new clemency policy for crimes that should
not be taken lightly."

The General Assembly should pass three key pieces of legislation:
House Bill 1725, House Bill 1726 and House Bill 1376.

House Bills 1725 and 1726, which former prosecutor Rep. Cathy Jolly,
D-Kansas City and I are sponsoring, will give victims a voice and
limit the early release of felons by: requiring that victims and
witnesses be informed that felons are seeking early release; requiring
the Department of Corrections to provide sentencing courts with
witness and victim statements in determining whether to release felons
from prison early; giving notice to prosecutors that felons they
prosecuted are seeking early release; allowing the state to be a party
at an early release hearing; allowing the sentencing court to consider
all of the information at its disposal in determining whether to
release felons from prison early; and giving the sentencing court
additional discretion in determining whether to release felons from
prison early.

By making the process for release more exacting and giving crime
victims a voice, we can minimize the number of felons that could be
released from prison under Senate Bill 5.

We also must pass legislation to attack the problem that makes a
victim of our entire state: methamphetamine. Missouri is the meth
capital of the United States. We have more meth labs than any other
state in the country, with more than twice as many labs as the No. 2
state, Iowa. Last year, Missouri law enforcement busted 2,860 meth
labs, more than the number seized in New York, California, Texas,
Pennsylvania and Florida combined.

We are all victimized by meth. It is wrecking families and communities
across our state. It is an epidemic in rural Missouri, where meth
traffickers are destroying the same areas where we fish, hunt, camp
and float. They think they can get away with it. We've got news for
them - that's not the Missouri we know, and that's not the Missouri we
value.

House Bill 1376, which Rep. Dan Ward, D-Bonne Terre, and I are
sponsoring, will toughen penalties for criminals possessing meth and
meth ingredients, create a statewide grand jury to attack meth rings
that cross county lines, dedicate an existing facility to meth
treatment so that we can focus on the unique nature of meth addiction
and require meth treatment-providers to gather data to determine the
best approach to breaking meth addiction.

We need bold, comprehensive action to fight meth. Putting a meth user
back on the streets after 120 days doesn't do anyone any good.

Missourians value a criminal justice system that is fair and just to
those accused of crimes but also fair and just to those victimized by
crime. To truly honor National Crime Victims Rights Week, let's make
sure that criminals serve their sentences and victims have a voice.

Jeff Harris is the state representative for the 23rd District and the
minority whip in the Missouri House.