FIRST REGULAR SESSION
HOUSE BILL NO. 510
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HOSKINS (121) (Sponsor), LARGENT, FLANIGAN, BROWN (149), TRACY, DUGGER, DIECKHAUS, ALLEN, ZERR, LEARA, PARKINSON, SMITH (150), McNARY, McGHEE, MOLENDORP, SCAVUZZO, ATKINS, WILSON (119), ROORDA, KELLY, JONES (117), BURLISON AND RUESTMAN (Co-sponsors).
1288L.02I D. ADAM CRUMBLISS, Chief Clerk
To repeal sections 221.111, 221.353, 221.510, 575.210, 575.220, and 575.240, RSMo, and to enact in lieu thereof eight new sections relating to private jails, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 221.111, 221.353, 221.510, 575.210, 575.220, and 575.240, RSMo, are repealed and eight new sections enacted in lieu thereof, to be known as sections 221.092, 221.094, 221.111, 221.353, 221.510, 575.210, 575.220, and 575.240, to read as follows:
221.092. 1. For the purposes of this section, "private jail" shall mean a facility not owned or operated by the state, a county or a municipality that confines or detains prisoners who are awaiting trial, awaiting sentencing, or serving a sentence in a jail.
2. When any employee of a private jail or person assigned to work in a private jail has reasonable cause to believe that a prisoner in a private jail has been abused or that a state or federal law has been violated by any person in a private jail or on the premises of the private jail, he or she shall immediately, upon learning of the abuse or law violation, report the same in writing to the administrator of the private jail.
3. The written report shall contain the name and address of the private jail, the name of the prisoner or person who may have violated state or federal law, if applicable, information regarding the nature of the abuse or law violation, the name of the complainant, and any other information which might be relevant in an investigation.
4. The administrator of the private jail shall immediately refer all reports of abuse of a prisoner or reports of a violation of state or federal law to the sheriff in the county in which the private jail is located. The administrator and employees of the private jail shall cooperate with law enforcement in the investigation of the facts alleged in the report of abuse or violation of state or federal law. In the event that a prisoner has escaped, the administrator and employees of the private jail shall notify the sheriff in the county in which the private jail is located immediately upon learning of the escape. The administrator and employees of the private jail shall cooperate in apprehending the escaped prisoner by communicating all information known concerning the escape.
5. Any person required by subsection 2 of this section to report or cause a report to be made, who fails to do so immediately after the act of abuse or violation of state or federal law, is guilty of a class A misdemeanor. Any administrator required by subsection 4 of this section to refer reports to the county sheriff, who fails to refer such reports immediately, is guilty of a class A misdemeanor. Failure to notify the sheriff immediately upon learning of an escape shall be a class D felony. Failure to cooperate in the apprehension of the escaped prisoner shall be a class D felony.
6. In addition to those persons required to report under subsection 2 or 4 of this section, any other person having reasonable cause to believe that a prisoner has been abused or that state or federal law has been violated, may report such information to the administrator of the private jail, to the sheriff in the county where the private jail is located, or to the Missouri State Highway Patrol.
7. Reports made by an employee of the private jail under this section shall be confidential, shall not be deemed a public record, and shall not be subject to the provisions of section 109.180, RSMo, or chapter 610, RSMo.
8. Any person who makes a report under this section or who testifies in any administrative or judicial proceeding arising from the report shall be immune from any civil or criminal liability for making such a report or for testifying, except for liability for perjury, unless such person acted in bad faith or with malicious purpose.
9. No person who directs or exercises any authority in a private jail shall harass, dismiss, or retaliate against a prisoner or employee because he or she or any member of his or her family has made a report of any violation or suspected violation of laws, ordinances, or regulations applying to the private jail which he or she has reasonable cause to believe has been committed or has occurred.
221.094. 1. Persons confined in private jails shall be separated and confined according to gender. Persons confined under civil process or for civil causes, except those persons confined awaiting a determination on whether probation or parole will be revoked or continued, shall be kept separate from persons confined awaiting trial for criminal charges, awaiting sentencing for criminal charges, awaiting determination on whether probation or parole will be revoked or continued, or serving a sentence on a criminal investigation.
2. The administrator shall arrange for necessary health care services for persons confined in the private jail.
3. The administrator shall ensure that persons confined in the private jail have adequate clothing, food, and bedding. Deprivation of adequate clothing, food, or bedding shall not be used as a disciplinary action against any confined person.
4. No person confined in a private jail shall be used in any manner for the profit, betterment, or personal gain of any employee of the county or of any employee of the private jail.
221.111. 1. No person shall knowingly deliver, attempt to deliver, have in such person's possession, deposit or conceal in or about the premises of any county or private jail or other county correctional facility:
(1) Any controlled substance as that term is defined by law, except upon the written prescription of a licensed physician, dentist, or veterinarian;
(2) Any other alkaloid of any kind or any spiritous or malt liquor;
(3) Any article or item of personal property which a prisoner is prohibited by law or rule made pursuant to section 221.060 from receiving or possessing, except as herein provided;
(4) Any gun, knife, weapon, or other article or item of personal property that may be used in such manner as to endanger the safety or security of the institution or as to endanger the life or limb of any prisoner or employee thereof.
2. The violation of subdivision (1) of subsection 1 of this section shall be a class C felony; the violation of subdivision (2) of this section shall be a class D felony; the violation of subdivision (3) of this section shall be a class A misdemeanor; and the violation of subdivision (4) of this section shall be a class B felony.
3. The chief operating officer of a county jail or other county correctional facility or the administrator of a private jail may deny visitation privileges to or refer to the county prosecuting attorney for prosecution any person who knowingly delivers, attempts to deliver, has in such person's possession, deposits or conceals in or about the premises of such jail or facility any personal item which is prohibited by rule or regulation of such jail or facility. Such rules or regulations, including a list of personal items allowed in the jail or facility, shall be prominently posted for viewing both inside and outside such jail or facility in an area accessible to any visitor, and shall be made available to any person requesting such rule or regulation. Violation of this subsection shall be an infraction if not covered by other statutes.
221.353. 1. A person commits the crime of damage to jail property if such person knowingly damages any city [or] , county, or private jail building or other jail property.
2. A person commits the crime of damage to jail property if such person knowingly starts a fire in any city [or] , county, or private jail building or other jail property.
3. Damage to jail property is a class D felony.
221.510. 1. Every chief law enforcement official, sheriff, jailer, administrator of a private jail, department of corrections official and regional jail district official shall conduct an inquiry of pending outstanding warrants for misdemeanors and felonies through the Missouri Uniform Law Enforcement System (MULES) and the National Crime Information Center (NCIC) System on all prisoners about to be released, whether convicted of a crime or being held on suspicion of charges.
2. No prisoner, whether convicted of a crime or being held on suspicion of any charge, shall be released or transferred from a correctional facility or jail to any other facility prior to having a local, state or federal warrant check conducted by a law enforcement official, sheriff [or] , authorized member of a correctional facility or jail, or administrator of a private jail.
3. If any prisoner warrant check indicates outstanding charges or outstanding warrants from another jurisdiction, it shall be the duty of the official conducting the warrant check to inform the agency that issued the warrant that the correctional facility or jail has such prisoner in custody. That prisoner shall not be released except to the custody of the jurisdictional authority that had issued the warrant, unless the warrant has been satisfied or dismissed, or unless the warrant issuing agency has notified the correctional facility or jail holding the prisoner that the agency does not wish the prisoner to be transferred or the warrant to be pursued.
4. If any person has actual knowledge that a violation of this section is occurring or has occurred, such person may report the information to the attorney general of the state of Missouri, who may appoint a sheriff of another county to investigate the report.
5. If a law enforcement official, sheriff [or] , authorized member of the correctional facility or jail, or administrator of a private jail purposely fails to perform a warrant check with the intent to release a prisoner with outstanding warrants and which results in the release of a prisoner with outstanding warrants, that individual shall be guilty of a class A misdemeanor. 6. A law enforcement official, sheriff [or] , authorized member of the correctional facility or jail, or administrator of a private jail shall not be deemed to have purposely failed to perform a warrant check with the intent to release a prisoner in violation of this section, if he or she is unable to complete the warrant check because the MULES or NCIC computer systems were not accessible.
575.210. 1. A person commits the crime of escape or attempted escape from confinement if, while being held in confinement after arrest for any crime, while serving a sentence after conviction for any crime, or while at an institutional treatment center operated by the department of corrections as a condition of probation or parole, he escapes or attempts to escape from confinement.
2. Escape or attempted escape from confinement in the department of corrections is a class B felony.
3. Escape or attempted escape from confinement in a county or private jail or city or county correctional facility is a class D felony except that it is:
(1) A class A felony if it is effected or attempted by means of a deadly weapon or dangerous instrument or by holding any person as hostage;
(2) A class C felony if the escape or attempted escape is facilitated by striking or beating any person.
575.220. 1. A person commits the crime of failure to return to confinement if, while serving a sentence for any crime under a work-release program, or while under sentence of any crime to serve a term of confinement which is not continuous, or while serving any other type of sentence for any crime wherein he is temporarily permitted to go at large without guard, he purposely fails to return to confinement when he is required to do so.
2. This section does not apply to persons who are free on bond, bail or recognizance, personal or otherwise, nor to persons who are on probation or parole, temporary or otherwise. 3. Failure to return to confinement is a class C misdemeanor unless:
(1) The sentence being served is to the Missouri department of corrections and human resources, in which case failure to return to confinement is a class D felony; or
(2) The sentence being served is one of confinement in a county or private jail on conviction of a felony, in which case failure to return to confinement is a class A misdemeanor.
575.240. 1. A public servant, contract employee of a county or private jail, or employee of a private jail, who is authorized and required by law to have charge of any person charged with or convicted of any crime commits the crime of permitting escape if he knowingly:
(1) Suffers, allows or permits any deadly weapon or dangerous instrument, or anything adapted or designed for use in making an escape, to be introduced into or allowed to remain in any place of confinement, in violation of law, regulations or rules governing the operation of the place of confinement; or
(2) Suffers, allows or permits a person in custody or confinement to escape.
2. Permitting escape by suffering, allowing or permitting any deadly weapon or dangerous instrument to be introduced into a place of confinement is a class B felony; otherwise, permitting escape is a class D felony.