HOLDEN SIGNS BILL RELAXING SENTENCING LAWS FOR SOME OFFENDERS

JEFFERSON CITY, Mo. -- Seeking to slow the swell of Missouri's prison
population, Gov. Bob Holden signed relaxed sentencing laws Friday aimed
primarily at nonviolent, first-time criminals.

The sentencing law changes are projected to result in 1,400 fewer people
entering prison annually -- enough to counter, or at least slow, an inmate
influx that has doubled the state prison population over the past dozen years.

Missouri has more than 30,200 inmates dispersed among about 20
institutions. The state anticipates spending about $575 million this coming
fiscal year on the Department of Corrections, which also oversees people on
probation and parole.

The new laws, which take effect immediately, encourage shorter prison terms
and probation for some nonviolent offenders and stress community treatment
programs for some drug offenders.

As a result, legislative researchers project the laws will save the state
$9 million in the fiscal year that starts Tuesday, more than $19 million
next year and a total of $204 million over the next 10 years.

"This measure represents a step toward a more sensible, cost efficient and
effective Missouri criminal justice system," Holden said while signing the
bill in his Capitol office.

The new law lowers the maximum prison sentence to four years from the
current five years for the lowest category of felonies -- things like drug
possession, bad checks and some burglaries.

People convicted of certain nonviolent felonies could seek release after
120 days in prison and serve the balance of their sentences on probation,
parole or other court-approved program.

Judges could decide whether to sentence drug offenders to the penalty
prescribed by law, or to order them into a treatment program. If sent to a
private program, offenders may have to pay the tab.

"There are no radical changes in this legislation, although there are
significant changes," said the bill's sponsor, Sen. Harold Caskey, a former
Bates County prosecutor who during his 27-year Senate career has handled
many of Missouri's criminal laws.

The legislation also enhances punishments for five offenses by requiring
criminals to serve at least 85 percent of their prison sentences for
first-degree domestic assault, first-degree elderly abuse, first-degree
assault of a law officer and first-degree statutory rape or sodomy when a
child is less than 12 years old.

Similar 85 percent sentence requirements already exist for other "dangerous
felonies," such as second-degree murder, kidnapping, and the highest
categories of rape, assault and arson.

Several years ago, as chairman of the Senate Civil and Criminal
Jurisprudence Committee, Caskey, D-Butler, undertook an exhaustive study of
the state's sentencing laws. He concluded that mandatory sentences had
swelled the prison population but done little to deter repeat offenders. He
said alternative sentences often are more effective than prison for drug
users and some other nonviolent prisoners.

Supreme Court Judge Michael Wolff also has advocated for greater use of
alternative sentences for nonviolent and drug offenders. Wolff said the
success of the new law will depend partly on whether communities create
treatment and service programs to which offenders could be sentenced.

"It's a good start," Wolff said. "It really depends on the probation
people, the judges and the people at the local level being able to put
together the kind of resources to keep people in the community instead of
putting them into prison."

Sentencing bill is SB5.