Section 27.21 Limitations on Probation or Parole—Minimum Prison Terms

• Library: Criminal Practice 2012 Supp

D. (§27.21) Limitations on Probation or Parole—Minimum Prison Terms

With the exception of §§ 565.020, 558.018, 571.015, RSMo 2000; § 559.115, RSMo Supp. 2004; and Chapter 195, RSMo, § 558.019, RSMo Supp. 2004, sets forth the minimum prison terms for all classes of felonies. The “minimum prison term” means the time the defendant is required to serve before becoming eligible for parole, conditional release, or other early release by the Department of Corrections. Section 558.019.5.

With the exception of a defendant who has pleaded guilty to or been found guilty of a dangerous felony as defined in § 556.061, RSMo Supp. 2004, and other laws to the contrary notwithstanding, a defendant who has pleaded guilty to or been found guilty of a felony and is committed to the Department of Corrections must serve the following minimum prison term:

· If the defendant has one previous commitment to the Department of Corrections for a felony offense, the defendant must serve 40% of the sentence or until the defendant attains 70 years of age and has served at least 30% of the sentence imposed, whichever occurs first.

· If the defendant has two previous commitments to the Department of Corrections for felonies unrelated to the present offense, the defendant must serve 50% of the sentence or until the defendant attains 70 years of age and has served at least 40% of the sentence imposed, whichever occurs first.

· If the defendant has three or more previous commitments to the Department of Corrections for felonies unrelated to the present offense, the defendant must serve 80% of the sentence or until the defendant attains the age of 70 and has served at least 40% of the sentence imposed, whichever occurs first.

· Any defendant who has pleaded guilty to or been found guilty of a dangerous felony as defined in § 556.061(8) and is committed to the Department of Corrections must serve 85% of the sentence or until the defendant attains 70 years of age and has served at least 40% of the sentence imposed, whichever occurs first.

“Dangerous felony” is defined in § 556.061(8) as follows:

the felonies of arson in the first degree, assault in the first degree, attempted forcible rape if physical injury results, attempted forcible sodomy if physical injury results, forcible rape, forcible sodomy, kidnaping, murder in the second degree, assault of a law enforcement officer in the first degree, domestic assault in the first degree, elder abuse in the first degree, robbery in the first...