Ed Emery: Legislation allows parole boards to deviate from mandatory minimum sentences for non-violent crimes

(From Sen. Ed Emery, R-Lamar)

Of all the legislation moving through the Missouri Senate this year, there is one measure that clearly illustrates bi-partisanship, compromise and common sense.

The Senate committee substitute for Senate Bills 8 and 74 is the product of a partnership of legislative colleagues who don’t always view issues from the same perspective. Senators of both parties and different cultural backgrounds have come together to propose meaningful reforms to our criminal justice system.

This legislation grants discretion to parole boards to deviate from mandatory minimum sentence guidelines subject to carefully crafted limits. It keeps those we are afraid of securely behind bars while allowing those we are merely mad at to be carefully examined for possible rehabilitation. It only affects those individuals who are serving prison time for non-violent and non-sexual offenses.

We experienced a time when the mood in America was to get tough on crime. Lock ’em up and throw away the key, was the cry of the day. Our prisons were soon overcrowded, and we discovered that our desire to “teach criminals a lesson” often backfired. Non-violent offenders who served their sentences alongside hardened criminals usually left prison more dangerous than when they entered.

The “lessons” these offenders received in prison did not make them good citizens. There are also examples of harsh sentences that did not fit the crime. Does it really make sense to view all offenders as equally dangerous or deserving of lengthy imprisonment? Do long sentences always serve society’s interests?

This legislation is an example of lawmakers beginning to reconsider the practice of mandating minimum sentences for non-violent offenders. 

 Working closely with prosecutors, the Corrections Department and criminal justice advocates, the Senate has revisited a proposal from last year and arrived at what I believe is a sensible and workable position. 

The “Justice Safety Valve Act” would grant leeway to the Missouri Parole Board to consider additional offenders for parole if their offense did not involve the use of force or violence, was not sexual in nature and did not include brandishing or discharging a firearm, and only after an individual risk assessment. The effect will be to preserve the security of the population while recognizing that some people really do change.

It might seem odd, then, that at the same time we’re facilitating reduced sentences, there’s another measure moving through the Legislature that would eliminate the possibility of parole for anyone who assaults police officers, firefighters or other first responders during the performance of their duties. Senate Bill 19, which was brought up for perfection in the Senate chamber last week, would even deny bail for some offenders who attempted to resist arrest or interfere with the duties of a police officer.

There’s a long held belief that an attack on uniformed public servants, such as police and firefighters, is an attack on society as a whole. The assumption is that someone who would harm a first responder is so incorrigible that they cannot be rehabilitated. The intent of SB 19 clearly is to impose the kind of threat that will significantly deter aggression against first responder public servants. I am still considering whether that argument is convincing.

These and many other questions were raised as the Senate began discussing this measure. These two measures, which seem to conflict in spirit and principle, illustrate the complexity of decisions faced by the General Assembly, how some of them are difficult to parse and why we need your prayers.

Senate Condemns Pornography

This week, my colleagues in the Missouri Senate passed Senate Concurrent Resolution 3 with a unanimous vote. This non-binding resolution merely confirms the Senate’s belief that pornography leads to individual and societal harms and that the legislative body recognizes the need for education, prevention, research and policy change at the community and societal level.

No intellectually honest person can argue the negative effects of pornography, especially upon children. This resolution recognizes that children are being exposed to pornography at elementary school ages and enumerates some of the ways this exposure is harmful. 

Pornography contributes to the hypersexualization of teenagers, can lead to low self-esteem and body image disorders, normalizes sexual violence and abuse, increases the demand for sex trafficking, prostitution and even sexual abuse of children, degrades women, is linked to infidelity and general dissatisfaction in marriage and threatens healthy family relationships. The Senate came together to condemn this evil that is a scourge on our civilization.

Prayers for flood victims

Finally, Missourians grieved as we watched television footage of flood waters inundating homes, farms and businesses along the Missouri River. One can only imagine the feelings of helplessness as people watched rising waters consume the fruits of a lifetime of labor. If you are inclined toward prayer, I ask you to turn your thoughts to those affected by the recent floods. They face a hard road back as they clean up the mess and begin to rebuild their lives.