SENATE ADVANCES BILL THAT WOULD REVISE CRIMINAL LAWS, SHRINK PRISON POPULATION

JEFFERSON CITY - The Senate gave initial approval Wednesday to a bill
revising Missouri's criminal sentencing laws, but rejected an amendment
abolishing the state's death penalty.

The legislation, sponsored by Sen. Harold Caskey, a Butler Democrat, was
designed to slow the growth of Missouri's prison population and reduce
state spending. Lawmakers face an estimated $700 million shortfall in the
next budget.

State budget officials estimated that Caskey's bill could save the state
$10 million in the fiscal year beginning July 1, $19 million in fiscal year
2005 and about $21 million in 2006.

Missouri is among several revenue-strapped states considering ways to
reduce spending for prisons.

From 1977 to 2000, Missouri's prison population grew by more than 400
percent. It now exceeds 30,000 inmates. Caskey estimated that more than
1,500 prison beds would initially be freed up because of his bill.

"The piece of legislation we have before us is a product of a lot of work
and research and effort on a lot of people's parts," said Caskey. "We save
1,545 beds, which is equivalent to one full prison. This is the best we can
do and is probably a step in the right direction in dealing with nonviolent
offenders."

Among other things, Caskey's bill would lower the maximum sentence for the
lowest category of felonies to four years from the current five years.

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 some other court-approved program.

Judges could decide whether to sentence repeat drug offenders to the
penalty prescribed by state law, or to order them into drug treatment and
let the state seize any assets related to the drug.

The Missouri Association of Prosecuting Attorneys worked with Caskey to
write the bill.

The Senate added an amendment allowing prisoners convicted of lesser
felonies to be released to state supervision with two years remaining in
their sentences instead of one year. That provision is expected to
initially open 153 prison beds.

On a 23-10 vote, the Senate defeated an amendment by Sen. Ed Quick to
replace Missouri's death penalty with a maximum sentence of life
imprisonment without possibility of parole. Three Democrats joined 20
Republicans in voting against it.

"I think with a clear conscience we have to take another look at what
happens when we execute people," said Quick, a Liberty Democrat. "I don't
think the state should be in the business of killing people."

But Caskey said the Missouri's death penalty system was superior to those
of other states.

"The system in Missouri is a little more justice-oriented. I believe in the
death penalty," Caskey said.

Asked by Quick if everyone ever sentenced to death in Missouri was guilty,
Caskey answered: "Yes."

Among more than a dozen amendments accepted by the Senate was a provision
by Sen. Matt Bartle, a Lee's Summit Republican, to ban human cloning. That
provision passed by voice vote.

Another amendment would make it a felony for a pharmacist to tamper with
prescription drugs. That provision, sponsored by Sen. Charles Wheeler, a
Kansas City Democrat, was prompted by the case of pharmacist Robert
Courtney, who was convicted in federal court for diluting chemotherapy drugs.

The legislation is SB5.