Ezel / AG Opinions / MO
MO Opinion No. 114-2019 2019-06-28

Did the Missouri AG approve the form of Shetova Hayes's 2019 dangerous-felony 50%-sentence initiative petition (file 2020-092)?

Short answer: Yes, as to form. AG Schmitt approved Hayes's petition 2020-092 (a Chapter 558 amendment cutting the dangerous-felony first-time minimum prison term from 85% to 50%) as sufficient as to form under § 116.332 RSMo. Form approval is procedural; the Secretary of State retained final authority.
Currency note: this opinion is from 2019
Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: This is an official Missouri Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Missouri attorney for advice on your specific situation.

Plain-English summary

Petition 2020-092 was Shetova Hayes's statutory initiative to amend Chapter 558 RSMo (Missouri's sentencing chapter), cutting the dangerous-felony first-time minimum prison term from 85% of the sentence to 50%. Substantive details of the proposal are described in the companion summary-statement opinion (158-2019).

Under § 116.332 RSMo the AG reviews initiative petitions for "sufficiency as to form." That check is procedural. AG Schmitt approved the form of this petition.

Currency note

This opinion was issued in 2019. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: What does "sufficiency as to form" mean?
A: A procedural check on the petition's drafting compliance under Chapter 116 RSMo. The AG does not opine on policy or substance.

Q: What is the 85% rule?
A: Under existing Chapter 558 law, a person sentenced for certain "dangerous felonies" must serve 85% of the imposed prison term before becoming eligible for parole. Hayes's petition would have changed that floor to 50% for first-time offenders.

Q: What companions does this opinion have?
A: 136-2019 is the fiscal-note review (step 3) for petition 2020-092 (auditor projected possible state savings from shorter incarceration time). 158-2019 is the summary-statement review (step 4).

Q: Did this petition reach the ballot?
A: The opinion does not say. Hayes's 2020-092 petition does not appear to have advanced to the 2020 ballot.

Background and statutory framework

Chapter 116 RSMo lays out the initiative-petition pipeline. This opinion sits at step 2:

  1. Proponent files the petition with the Secretary of State.
  2. AG reviews sufficiency as to form under § 116.332 RSMo (this opinion).
  3. State Auditor prepares a fiscal note; AG reviews under § 116.175.4 RSMo.
  4. Secretary of State drafts a summary statement; AG reviews under § 116.334 RSMo.
  5. Petition certified for circulation.

Citations and references

Statutes: § 116.332 RSMo (the operative provision); § 116.050 RSMo; § 116.175 RSMo; § 116.334 RSMo. Chapter 558 RSMo (sentencing).

Companion fiscal-note opinion (2020-092): 136-2019.
Companion summary-statement opinion (2020-092): 158-2019.

Source

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

June 28, 2019
OPINION LETTER NO. 114-2019

The Honorable John R. Ashcroft
Missouri Secretary of State
James C. Kirkpatrick State Information Center
600 West Main Street
Jefferson City, MO 65101

Dear Secretary Ashcroft:

This opinion letter responds to your request dated June 20, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Chapter 558, Revised Statutes of Missouri, submitted by Shetova Hayes (2020-092).

We approve the petition as to form, but § 116.332 gives the Secretary of State final authority to approve or reject the petition. Therefore, our approval of the form of the petition does not preclude you from rejecting the petition.

Because our review of the petition is simply for the purpose of determining sufficiency as to form, the fact that we do not reject the petition is not to be construed as a determination that the petition is sufficient as to substance. Likewise, because our review is mandated by statute, no action that we take with respect to such review should be construed as an endorsement of the petition or of the objectives of its proponents, or the expression of any view respecting the adequacy or inadequacy of the petition generally.

Very truly yours,

ERIC S. SCHMITT
Attorney General

Supreme Court Building
207 W. High Street
P.O. Box 899
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
www.ago.mo.gov