Date: January 28, 2026
To: Chairwoman Parker and Members, House Judiciary Committee
From: Gwen Smith-Moore, Criminal Justice Policy Manager, Empower Missouri
RE: Opposition to HB 2256
As the largest and oldest anti-poverty advocacy organization in our state, Empower Missouri is committed to improving the quality of life for all Missouri residents through advocacy. Since our inception, Empower Missouri has focused on the criminal justice system and its impacts. Our Community Justice Coalition consists of community advocates and organizations from across the state who work with those who have been impacted by the criminal justice system. Many coalition members are formerly incarcerated or have currently incarcerated loved ones, and all are connected by a vision for a future without mass incarceration.
We are providing testimony today regarding HB 2256, sponsored by Representative Hovis. This bill would repeal the current minimum prison term structure and impose longer sentences for a larger group of individuals. With the current state of prison understaffing, coupled with research that shows increasing mandatory minimum sentences can have an adverse effect on public safety, we believe this bill would move Missouri in the wrong direction while bearing enormous costs on state residents.
Current law stipulates that certain percentages of prison terms must be served by people with one or more previous prison commitments. Additionally, anyone convicted of a dangerous felony must serve 85% of their sentence. HB 2256 would amend the law, mandating that anyone with a previous felony conviction- rather than a previous prison commitment- be witholden to the minimum term structure. The bill stipulates that anyone with one or two previous felony convictions serve a minimum of 50% of their sentence, an increase from the current percentages set for one previous prison commitment (40%). It would also increase the percentage of time that must be served by those 70 and up (from 30% to 40%) prior to being eligible for release.
The changes proposed in HB 2256 carry an enormous fiscal note: costs by FY ‘27 are estimated in excess of $875 million, including the cost to construct an additional prison. The fiscal note also states that based on estimated numbers of people sentenced by FY ‘34, five new prisons could ultimately be needed. Especially as the Governor calls for Missouri to eliminate personal income tax, which would have a profound impact on our state’s budget, the cost of this proposal is simply not feasible.
This bill would come at an enormous cost to taxpayers, at a time when Missouri is attempting to cut taxes. The changes proposed in this bill would create a major strain on the DOC. Director Trevor Foley stated in a 2025 Senate Appropriations Committee hearing that the DOC had 960 staff vacancies at that time. As a result, Missouri spent $54 million in 2024 on overtime pay for correctional officers. In 2025, Missouri spent an average of $107 per day per incarcerated individual, or $39,040 annually per person. Outside of Medicaid, prison costs are the fastest-growing area of state budgets. Prisons cost most states almost five times more than they did in the mid-1980s due to having to house and feed people for much longer periods of time. Increasing minimum sentences will increase both the prison population and corrections costs without making our state safer.
People committing violent crime in Missouri are already serving a substantial portion of their sentence before returning to the community on parole or conditional release. In fact, in many cases, people are staying in Missouri prisons longer than they were in previous years. People designated a dangerous felony offender are already required to serve at least 85% of their prison term, and DOC data from FY ‘25 shows that the average person sentenced for a class A, B, or C violent felony served over 80% of their sentence before being released. The average time spent in prison for these offenses increased from 9.7 years in FY ‘16 to 11.4 years in FY ‘25. During the same period, the percentage of time served among Class D or E violent felony releases increased from 51 to 58%.
People convicted of non-violent crimes are not serving shorter sentences than in previous years. DOC data from FY ‘25 states that those serving time for A, B, and C nonviolent and drug felonies were serving an average of over 36% of their sentences in FY16, and that number rose to over 38% in FY ‘25. For D and E nonviolent and drug felonies, the percentage of sentences served has remained at 34% from FY ‘16 to FY ‘25.
Longer sentences don’t deter criminals. Certainty of being caught does. Decades of research show that harsh sentences are not an effective crime deterrent, and a more effective deterrent is the certainty that you will be caught. However, in 2022, 64% of violent crimes reported to police in Missouri were not solved. There are clearly other avenues to pursue to address public safety concerns.
When it comes to moving away from mandatory minimums, there is a roadmap for Missouri to learn from: over 30 states have reformed or repealed their mandatory minimum sentences in the past two decades while maintaining public safety. And states that have dug in on “truth in sentencing” have seen terrible results:
- Wisconsin had a 14% growth in the prison population and a severe programming shortage as a result
- Georgia has seen dangerous environments within prisons, leading to more crime committed upon reentry, with significantly higher reincarceration rates
- Arizona saw a 50% increase in rule infractions in prison, a 20% reduction in educational programming enrollment, and a higher rate of reincarceration
HB 2256 is a costly mistake that Missouri cannot afford to make, and I strongly urge the committee to vote against this legislation. I thank you for your time and consideration of this matter.
Spanish 
English