Every year, bills are filed in Missouri that would increase prison sentences. Politicians’ commitment to being perceived as tough on crime is evergreen, as popular of a tactic now as it was in the 1980s with the rise of mass incarceration. This year, these types of bills have gained more traction than ever, with early hearings and support from key legislators. Proponents of the bills call them “Truth in Sentencing” laws and claim they would ensure that defendants serve time commensurate with their crime. With the current state of prison understaffing, coupled with research that shows increasing mandatory minimum sentences does not reduce crime, these bills would move Missouri in the wrong direction while bearing enormous costs on taxpayers.
Minimum Prison Term Sentences in Missouri
Despite concerns voiced by proponents of these bills, 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 (defined in RSMO 556.061) are already required to serve at least 85% of their prison term, and DOC data from FY ‘23 shows that the average person sentenced for a class A, B, or C violent felony served nearly 79% of their sentence before being released. The average time spent in prison for these offenses increased from 9.2 years in FY ‘14 to 12.2 years in FY ‘23. Current Missouri law also requires minimum percentages of prison terms for individuals with one or more previous prison commitments who have been convicted of a certain subset of serious felonies (outlined in RSMO 558.019).
2025 Legislation to Increase Prison Sentences
Bills this session that would increase prison sentences include HB 314 (Rep. Cook), HB 389 (Rep. Casteel), HB 862 (Rep. Hovis), SB 449 (Sen.Trent), SB 281 (Sen. Carter), and SB 251 (Sen. Moon). The House bills were heard in the House Crime and Public Safety Committee on February 5, and were combined into a single bill (HB 862). This bill was voted out of the Legislative Rules Committee on February 25, and will be heard on the House floor soon. HB 862 proposes a massive change to the minimum prison term structure: rather than only applying to individuals who have been both sentenced to a subset of serious felony offenses and have a prior prison commitment, this bill would apply to anyone convicted of any felony if they also have a previous felony conviction. This would include drug offenses and property crimes, such as passing a bad check. The Senate bills had a public hearing in the Senate Judiciary Committee on February 24, and they have not yet been voted out of Committee. The Senate bills would amend the law significantly, each proposing a slightly different term structure; see the table below for a more comprehensive breakdown.
You can read Empower Missouri’s testimony in opposition to HB 862 here and our testimony in opposition to the Senate bills here.
| Minimum Prison Term Sentences Under Proposed Legislation Note: HB 862 applies minimum terms regardless of whether or not there was a prior prison commitment. SB 449 applies minimum terms regardless of whether or not there was a prior commitment or felony conviction. | |||||
|---|---|---|---|---|---|
| Current Law | SB 281 | SB 251 | HB 862 | SB 449 | |
| Individuals convicted of a dangerous felony | 85% | 85% | 100% | 85% | 85% |
| 1 prior prison commitment (and convicted of a felony listed in RSMO 558.019) | 40% or 30% if they reach age 70 | 75% | 60% or 30% if they reach age 70 | 50% for any felony if someone also has a previous felony conviction | 80% across the board for all offenses listed in RSMO 558.019 |
| 2 prior prison commitments (and convicted of a felony listed in RSMO 558.019) | 50% or 40% if they reach age 70 | 80% | 90% or 40% if they reach age 70 | 50% for any felony if someone also has two previous felony convictions | 80% across the board for all offenses listed in RSMO 558.019 |
| 3 or more prior prison commitments (and convicted of a felony listed in RSMO 558.019) | 80% or 40% if they reach age 70 | 80% | 100% | 80% for any felony if someone also has three previous felony convictions | 80% across the board for all offenses listed in RSMO 558.019 |
These regressive sentencing policies are not right for Missouri:
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 other more impactful avenues to pursue to address public safety concerns. For example, SB 473, sponsored by Senator Schroer, proposes a reporting system for improving violent crime clearance rates wherein the Department of Public Safety would prioritize grant funding for jurisdictions with low clearance rates.
These bills will make our prisons less safe.
Currently, correctional officers have one primary tool at their disposal to encourage good behavior in prisons: the ability for folks to earn an early release. These bills remove that tool, which will inherently make prisons less safe for detainees, staff, and contractors. Prison deaths are already at a record high in Missouri, and the Department of Corrections (DOC) is having a very hard time attracting and retaining staff to run their current facilities. This will make prisons less safe and therefore even a less appealing place to work, contributing to further understaffing of prisons.
These bills would come at an enormous cost to taxpayers, at a time when Missouri’s budget is struggling with limited state revenue.
The changes proposed in these bills will carry an enormous cost and create a major strain on the DOC. HB 862’s fiscal note estimates costs upwards of $280 million when fully implemented in FY 2035. The DOC currently has 960 staff vacancies and spent $54 million last year on overtime pay for correctional officers. Increasing minimum sentences will increase both the prison population and corrections costs without making our state safer. 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. In addition to the increased annual costs, the fiscal notes for these bills state that the Department of Corrections would almost certainly need to build a new prison facility if these bills pass. DOC has projected those costs to be between $800 million and $1 billion.
It’s clear that so-called “Truth in Sentencing” bills are a poor fit for our state. 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 (see this policy brief from our partners at FAMM for more information). 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
We cannot afford to pay the price that these proposals carry, both the sky-high costs calculated in the fiscal notes and the additional strain that would be placed on an already overburdened prison system. Following tough on crime rhetoric is what led to the U.S. becoming a world leader in over-incarceration. It is time to consider policies that move us past this unfortunate reality, not deeper into it.
Sign our Call to Action today to tell your lawmakers that you oppose lengthening prison sentences. To stay in the loop on mandatory minimum legislation and other criminal legal policies, become a member of the Community Justice Coalition.
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