Section 217.670

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS

Chapter 217

Effective - 28 Aug 2018, 3 histories   

  217.670.  Decisions to be by majority vote — hearing panel, membership, duties — jurisdiction removal or appeal to board, when — decision to be final — closed meetings authorized — video conferencing. — 1.  The board shall adopt an official seal of which the courts shall take official notice.

  2.  Decisions of the board regarding granting of paroles, extensions of a conditional release date or revocations of a parole or conditional release shall be by a majority vote of the hearing panel members.  The hearing panel shall consist of one member of the board and two hearing officers appointed by the board.  A member of the board may remove the case from the jurisdiction of the hearing panel and refer it to the full board for a decision.  Within thirty days of entry of the decision of the hearing panel to deny parole or to revoke a parole or conditional release, the offender may appeal the decision of the hearing panel to the board.  The board shall consider the appeal within thirty days of receipt of the appeal.  The decision of the board shall be by majority vote of the board members and shall be final.

  3.  The orders of the board shall not be reviewable except as to compliance with the terms of sections 217.650 to 217.810 or any rules promulgated pursuant to such section.

  4.  The board shall keep a record of its acts and shall notify each correctional center of its decisions relating to persons who are or have been confined in such correctional center.

  5.  Notwithstanding any other provision of law, any meeting, record, or vote, of proceedings involving probation, parole, or pardon, may be a closed meeting, closed record, or closed vote.

  6.  Notwithstanding any other provision of law, when the appearance or presence of an offender before the board or a hearing panel is required for the purpose of deciding whether to grant conditional release or parole, extend the date of conditional release, revoke parole or conditional release, or for any other purpose, such appearance or presence may occur by means of a videoconference at the discretion of the board.  Victims having a right to attend parole hearings may testify either at the site where the board is conducting the videoconference or at the institution where the offender is located.  The use of videoconferencing in this section shall be at the discretion of the board, and shall not be utilized if either the victim or the victim's family objects to it.

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(L. 1982 H.B. 1196 § 119, A.L. 1984 S.B. 611, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424, A.L. 2012 S.B. 636, A.L. 2018 H.B. 1355)