Did the Missouri AG approve the ballot summary for Shetova Hayes's 2019 statutory initiative cutting the dangerous-felony first-time minimum prison term from 85% to 50% (file 2020-092)?

Plain-English summary

Petition 2020-092 was Shetova Hayes's statutory initiative to amend Chapter 558 RSMo (Missouri's general sentencing statute). Under existing Missouri law, a person convicted of a "dangerous felony" (a category the ballot summary says includes arson, assault, murder, and robbery) must serve 85% of the sentence before becoming eligible for parole. The Hayes petition would have:

1. Reduced the first-time minimum to 50% (with no change for second and subsequent convictions, which would remain at 85%);
2. Applied the change retroactively to offenders convicted of dangerous felonies committed on or after August 28, 1994 (Missouri's modern criminal-code effective date); and
3. Required automatic parole for inmates with the best possible institutional score.

The change would have applied retroactively to first-conviction sentences for dangerous felonies committed on or after August 28, 1994.

After the Secretary of State drafted the ballot summary, the AG reviewed it under § 116.334 RSMo. AG Schmitt's letter here approves the legal content and form of that summary. The AG's role is narrow: a legal-form check on the ballot summary. It is not a policy endorsement.

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.

The exact ballot summary the AG approved

Do you want to amend Missouri law regarding minimum prison terms for offenders found guilty of dangerous felonies (includes arson, assault, murder and robbery) as follows:

• for the first conviction, the offender must serve 50% of the court sentence (current law is 85%);
• for the second and subsequent convictions, the offender must serve 85% of the court sentence (no change to current law);
• this amendment will be effective for all dangerous felonies occurring on or after August 28, 1994; and
• require parole to be granted to offenders with the best possible institutional score?

Common questions

Q: What is a "dangerous felony" under this petition?
A: The ballot summary lists arson, assault, murder, and robbery as examples. The petition would change only the minimum prison term for this category; it does not redefine which crimes count as dangerous felonies.

Q: What was the "85% rule" the petition would change?
A: Under the law the ballot summary describes, an offender convicted of a dangerous felony must serve 85% of the court sentence before parole eligibility. The petition would lower that to 50% for a first conviction while keeping 85% for second and subsequent convictions.

Q: Why date the change to August 28, 1994?
A: The ballot summary makes the change effective for all dangerous felonies occurring on or after August 28, 1994. The opinion does not explain the choice of that date.

Q: What does "best possible institutional score" mean?
A: The Missouri Department of Corrections assigns institutional behavior scores based on conduct, program participation, work assignments, and other factors. The petition would have made the highest-tier score a basis for mandatory parole, removing parole-board discretion for that category of inmate.

Q: Did the 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:

1. Proponent files the petition with the Secretary of State.
2. AG reviews sufficiency as to form under § 116.332 RSMo.
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 (this opinion).
5. Petition certified for circulation.

Citations and references

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

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/158-2019.pdf?sfvrsn=2

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

July 29, 2019

OPINION LETTER NO. 158-2019

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 July 19, 2019, for our review under § 116.334, RSMo, of a proposed summary statement prepared for the petition submitted by Shetova Hayes regarding a proposed amendment to amend Chapter 558, Revised Statutes of Missouri (2020-092). The proposed summary statement is as follows:

Do you want to amend Missouri law regarding minimum prison terms for offenders found guilty of dangerous felonies (includes arson, assault, murder and robbery) as follows:

• for the first conviction, the offender must serve 50% of the court sentence (current law is 85%);
• for the second and subsequent convictions, the offender must serve 85% of the court sentence (no change to current law);
• this amendment will be effective for all dangerous felonies occurring on or after August 28, 1994; and
• require parole to be granted to offenders with the best possible institutional score?

Pursuant to § 116.334, RSMo, we approve the legal content and form of the proposed statement. Because our review of the statement is mandated by statute, no action that we take with respect to such review should be construed as an endorsement of the petition, nor as the expression of any view regarding the objectives of its proponents.

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

OP-2019-0083