Understanding Missouri Parole Policy
When you, a family member, or friend end up in a Missouri State Prison, knowing when there is a possibility for release is a comforting thought. This article describes what parole is, and the procedures that an excellent criminal defense attorney can use to increase the chances of an early release.
What is parole?
Parole is the release of someone who has been incarcerated, earlier than their sentence would typically allow, under the promise of continued good behavior.
Who determines who gets parole?
The Missouri Parole Board consists of seven full-time members who release prisoners eligible for parole based on their sentence. The Board also has assigned officers that assist in parole hearings.
What happens when you’re eligible for parole?
After someone enters prison, they will receive written notice of their parole eligibility date. Approximately 45 days in advance, they will receive a letter outlining the parole hearing’s exact date.
Before the hearing, the offender will meet with an Institutional Parole Officer, an employee of the prison, who will take notes during the meeting and submit those notes to the Parole Board. This officer is also in charge of preparing reports outlining the offender’s incarceration details, with notes of employment, discipline, etc. He will determine the offender’s Salient Factor Score, which is explained later in this article, before the hearing.
Typically, the parole hearing takes place in the prison via teleconference, but there are exceptions. The hearing will be in front of one member of the Parole Board and two hearing officers.
During the hearing, the offender will explain the crime leading to their incarceration. They will be allowed to discuss problems or needs, and any progress made, including plans for continued improvement. They will have a chance to tell the board why they deserve parole, their plans for the future, and any information about their case or institutional record that they deem to be false.
The Board’s role is to examine all available reports and case files regarding social, medical, psychological, criminal, and behavioral history. They will also review how the offender adjusted to prison in terms of civility, participation in work, school, or treatment programs, and any disciplinary actions that may have occurred. Lastly, the board determines how suitable the parolee would be for community re-entry and how to best help them succeed.
During these hearings, the victim(s) of the crime can present testimony about why the offender should not receive parole. The offender’s defense attorney can submit any information to the board to help make a case for parole.
The Board will decide as quickly as possible and then provide the offender with written notice of their decision. It is possible that, before the final decision, they will ask for more information or reports.
The board can come to three possible decisions:
- Set a (presumptive) parole date
- Deny parole but set a conditional release date that differs from the original sentence
- Deny parole and schedule the next parole hearing
In the case of a presumptive parole date, that is the best-case scenario date, assuming the offender has maintained good behavior, has satisfied the requirements for any ongoing programs, and has an acceptable plan for after release (living arrangements, etc.).
How soon is someone eligible for parole in Missouri?
Parole eligibility is based on five primary factors:
- Length of sentence
- Type of crime committed
- Criminal history (repeat offenders can have the parole eligibility dates lengthened)
- Sex
- Salient Risk Factor
The Salient Risk Factor is a calculation made to determine how likely the offender will remain trouble-free after a potential release. There are fourteen categories where the offender is given a score from -2 to 2. After adding up the scores from each section, the offender is classified into one of five different levels:
- Excellent – A score from 9 to 4
- Above Average – A score from 3 to 2
- Average – A score from 1 to -1
- Below Average – A score from -2 to -3
- Poor – A score from -4 to -11
The fourteen categories are as follows:
- Previous Convictions
- None – 1 point
- One – 0 points
- Two or more – -1 point
- Previous Prison Terms
- None – 0 points
- One or more – -1 point
- Five Years Conviction/Incarceration Free Before Current Incarceration
- Yes – 1 point
- No – 0 points
- Previous Parole/Probation Revoked?
- No – 0 points
- Yes – -1 point
- Is Current Offense Repeat in Nature?
- No – 0 points
- Yes – -1 point
- Current Age
- 45+ – 2 points
- 35-44 – 1 point
- 22-34 – 0 points
- 18-21 – -1 point
- Under 18 – -2 points
- Institutional Risk Score (determined by Institutional Parole Officer)
- Score 1 – 1 point
- Score 2 – 0 points
- Score 3-5 – -1 point
- Educational Attainment (determined by Institutional Parole Officer) (Note: Only parole those who have attained a high school diploma or GED, or made a good faith attempt to do so, will be offered parole)
- Score 1-2 – 1 point
- Score 3-5 – 0 points
- Vocational Readiness (determined by Institutional Parole Officer)
- Score 1-2 – 1 point
- Score 3 – 0 points
- Score 4-5 – -1 point
- Alcohol/Drug History
- No – 1 point
- Yes – 0 points
- Successful Alcohol/Drug Treatment (if prior history)
- Yes – 1 point
- No/No Program – 0 points
- Conduct Violations Per Year During Incarceration
- None – 1 point
- 1-4 – 0 points
- 4+ – -1 point
- Major Conduct Violation During Incarceration
- No – 0 points
- Yes – -1 point
- Prior Escape
- No – 0 points
- Yes – -1 point
This information, along with Missouri Parole charts, is used to determine the minimum time someone would be eligible for Parole. Multiple charts are used based on the type of crime committed. Find the correct chart first, then use the corresponding Salient Factor column and sex of the offender, along with the row corresponding to the sentence issued. If you need help locating Parole charts, please contact our office, and we can point you to the most up-to-date information.