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| New law could force more early prison releases than intended |
| By Associated Press |
| Published: 04/07/2004 |
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An estimated 9,000 repeat felons in Missouri prisons could sue for early release if a recent ruling by a lower court judge is upheld, according to lawyers and court records examined by a reporter for the Kansas City Star. Attorney General Jay Nixon says thousands of other felons could get reduced sentences, if part of a new prison-crowding law is upheld. It's unclear how many of the 9,000 prisoners would overlap 5,800 inmates who last week became eligible for release after serving 120 days. Between the two groups, officials estimate that 10,000 to 12,000 inmates could gain early release. The first group gained eligibility when the Missouri Supreme Court ruled unanimously that a different section of the same law applies retroactively to prisoners sentenced before the law went into effect. That section allows certain lesser non-violent felons to petition for release after four months. Sponsors of the law intended for it to apply forward from when it took effect last June. If prison officials recommend those releases, judges must free the prisoners unless they find strong reasons against it. That applies to felons such as thieves, house burglars, felony drunken drivers, drug users, and some arsonists. To be eligible, they must not have served any prior prison time except four months of shock time. Another section of the law, which is being challenged in an appeals court, applies to a wider range of inmates, including repeat felons who commit more serious crimes but not the most violent crimes. It states that a first sentence of 120 days of shock time does not count as prior prison time. Applied retroactively, that would shorten thousands of sentences. "All the sudden 120 days in prison doesn't count as prison," said Platte County Prosecutor Eric Zahnd. "We're going to balance the budget by swinging the prison doors wide open." Currently, repeat offenders must serve 40 percent of their sentences if they have one prior prison commitment, 50 percent for two and 80 percent for three. Without priors, prisoners can be released after one third of their sentence for many serious felonies and after 15 percent for minor ones. More than 4,000 people a year are sentenced to 120 days of shock time, a corrections department study said. Sponsors of the law did not intend for the change to be retroactive but a Cole County Circuit judge ruled in February it is. Attorney General Jay Nixon failed last week to get the Missouri Supreme Court to hear the case. It now goes to the appeals court in Kansas City. |
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