Does Missouri Offer Early Release for Inmates?

Does Missouri Offer Early Release for Inmates?

Missouri does have some options for early release for certain inmates, through parole, earned compliance credits, and other programs. However, early release is not guaranteed and inmates must meet certain criteria to qualify. The decision for early release is made by the Missouri Board of Probation and Parole. Let’s take a closer look at how early release works in Missouri.

Parole

Parole is one option for early release in Missouri. Parole allows an inmate to serve part of their sentence outside of prison, under supervision in the community. Not all inmates are eligible for parole in Missouri. Those serving life sentences without the possibility of parole, or death sentences, cannot get parole. But many other inmates can apply for parole in Missouri.

To apply for parole, an inmate will file a request with the Parole Board when they become eligible. The Parole Board looks at factors like:

• The severity of the inmate’s crime
• Whether the inmate has shown remorse and rehabilitation
• The inmate’s behavior and record in prison
• Public safety risks if the inmate is released

There is no guarantee of getting parole – the Parole Board has discretion to grant or deny parole. An inmate can appeal a denial of parole, but there is no absolute right to be released on parole in Missouri. Parole is a privilege that must be earned.

Earned Compliance Credits

In 2012, Missouri passed a law creating earned compliance credits for some inmates. This allows inmates to earn time off their sentences for following the rules and participating in programs. The amount of credits inmates can earn depends on their custody level:

• Level I and II inmates can earn 15 days credit for every 30 days served, up to a maximum of 180 days.
• Level III and IV inmates can earn 7 days credit for every 30 days served, up to a maximum of 90 days.

Credits are applied to move up an inmate’s parole eligibility date or release date. However, credits can be taken away for rule violations. And inmates serving time for very serious or violent crimes are not eligible to earn credits.

Temporary Release

Missouri also allows temporary release in some cases, where an inmate is allowed to leave prison under supervision for things like job interviews, employment, or family emergencies. Temporary releases are limited to lower-risk inmates close to their release date, and usually last no more than 14 days. All temporary releases must be approved by the director of the Division of Adult Institutions.

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Compassionate Release

Some states have compassionate release programs that allow early release for inmates with serious medical conditions or advanced age. Missouri does not have a formal compassionate release policy. However, the Parole Board can consider medical issues or old age when deciding whether to grant parole.

COVID-19 Releases

In 2020, due to COVID-19 concerns, Missouri’s Governor gave the Parole Board direction to accelerate consideration of parole for some inmates who were already parole-eligible. However, relatively few inmates were actually granted release under this initiative.

How Early Can an Inmate Be Released?

For parole, inmates must serve a certain portion of their sentence to become eligible. The minimum time served depends on the type of sentence:

• 15% of sentence for non-dangerous felonies
• 20% of sentence for dangerous felonies
• 40% of sentence for sex offenses
• 50% of sentence for prior prison term or parole revocation

Earned credits can allow release a bit earlier than these parole eligibility dates. For example, an inmate earning maximum credits could become eligible 6 months earlier on a 5 year sentence. But credits cannot reduce a sentence by more than 180 days.

Temporary releases allow very short-term release close to an inmate’s release date, such as within 6 months. There are no options for immediate or emergency release in Missouri.

What Are the Downsides of Early Release?

While early release helps reduce prison populations and costs, there are some downsides:

• Public safety if high-risk individuals are released
• Reduced deterrent effect on crime
• Less time for rehabilitation programs in prison
• Less punishment/retribution for victims
• Risk of recidivism if release is too early

The decision for early release requires carefully weighing these risks and benefits on a case-by-case basis.

What Do Opponents Say?

Some lawmakers, prosecutors, and victim advocates have opposed early release programs in Missouri. Some of their arguments include:

• Criminals should serve their full sentences as originally ordered.
• Victims deserve justice and release erodes that.
• More criminals on the streets jeopardizes public safety.
• Reducing sentences encourages more crime.
• Parole boards lack accountability and transparency.

They argue parole, earned credits, and releases like in 2020 let dangerous inmates out too soon. Though supporters counter that public safety is considered in release decisions.

What Do Supporters Say?

Supporters of early release programs say they provide incentives for rehabilitation and allow transition support. Other arguments made by reform advocates include:

• Earlier release helps reduce prison overcrowding.
• Supervision in the community is cheaper than incarceration.
• Earned credits encourage good behavior and program participation.
• Parole boards can release those with low risk.
• Transitional programs aid reentry to society.

They argue carefully designed early release policies allow inmates to earn their way out, while ensuring public safety.

Key Takeaways

The options for early release in Missouri include:

• Parole at set eligibility dates, at the Parole Board’s discretion
• Earned sentence credits for following rules and programming
• Limited temporary releases close to release dates
• Possible accelerated parole for medical issues

While these programs aim to incentivize rehabilitation and transition inmates back to the community, they remain controversial. Opponents argue they compromise public safety and justice, while supporters say they reduce recidivism and prison populations when properly implemented. The debate over balancing these risks and benefits continues in Missouri’s criminal justice system.

References

[1] Missouri Department of Corrections – Early Discharge/Earned Compliance Credit

[2] Missouri Department of Corrections – Offender Rulebook

[3] LegalMatch – Early Release Programs

[4] Twibell Pierson – Understanding Missouri Parole Policy

[5] Newstalk KZRG – The Fight Over The Early Release Of Missouri’s Prisoners

[6] Missouri Administrative Code – Temporary Release