Jake's Law State Initiatives

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Jake’s Law ignored at the federal level now being pursued at the state level

Posted March 26, 2000

Federal. Missouri Senators Bond and Ashcroft as well as their Kansas counterparts Brownback and Roberts have failed to support Jake's Law at the federal level. After initial face-time with constituents, Missouri Representative Karen McCarthy has also abandoned support of Jake's Law — a law designed to keep criminals off the streets. Editor's Note: The Milum Network has been in contact with all four senators' offices. None have offered any assistance in this matter.

Kansas. Representative Barbara Allen of Overland Park is leading the effort to get a modified version of Jake's Law to be enacted by the Kansas State Legislature. The Milum Network will continue to monitor this effort.

Missouri. The Missouri House has introduced legislation based on Jake's Law in response to the public's demand. The text of that bill follows.

AN ACT

To amend Chapter 221, RSMo, relating to jails and jailers by adding thereto one new section relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section 1. Chapter 221, RSMo, is amended by adding thereto one new section, to be know as section 221.510, to read as follows:

221.510.

1. Every chief law enforcement official, sheriff, jailer, private jailer, the department of corrections and all regional jail district officials shall conduct an inquiry of pending outstanding warrants on all prisoners, whether convicted or being held on suspicion of charges.

2. No prisoner shall be released from any correctional institution or jail prior to having a records check conducted by an authorized member of the correctional institution or jail.

3. No prisoner, whether convicted or being held on suspicion of charges, shall be transferred from one correctional institution or jail to another prior to having a records check conducted by an authorized member of the correctional institution or jail.

4. If any prisoner's record check indicates outstanding charges or outstanding warrants from another jurisdiction, it shall be the duty of the requesting official to inform the agency that issued the warrant that the correctional institution or jail has such person in custody.

5. Any prisoner whose records check indicates pending charges or warrants shall not be transferred to another correctional institution or jail unless a copy of those charges or warrants accompanies the prisoner and the receiving correctional institution or jail is notified in advance of the existing charges or warrants.

6. All correctional institutions and jails shall have access to a common database housing all information pertaining to pending charges or outstanding warrants on individuals. The department of public safety shall provide the database. The database shall be updated immediately when an individual is released from or transferred between correctional institutions or jails.

7. If an authorized member of the correctional institution or jail fails to perform a records check which results in the release of a prisoner with outstanding warrants, that individual will be guilty of a class A misdemeanor and shall immediately be placed on suspension from his or her job.

8. Any person may make a report to the Missouri highway patrol for violations of this section. The Missouri highway patrol shall conduct an investigation. If, in the opinion of the superintendent of the highway patrol, the investigation yields reasonable grounds to believe that a violation of this section is occurring or has occurred, he or she shall refer such information to either the attorney general or the county prosecutor of the county where the violations are alleged to have occurred or both.

9. Any person who violates the provisions of this section is guilty of a class A misdemeanor.

Editor's Note: A key provision of House Bill 2110 creates a class A misdemeanor for correctional facility officers who fail to perform the kind of records check which would have prevented the release of Jake Robel’s accused murderer.

State Senator Ronnie DePasco (D-Kansas City) has promised that he will introduce the modified Jake’s Law to the Missouri Senate.

Stay tuned for continuing coverage. In the meantime, please view all our links for the Jake Robel story.