Modifies provisions relating to minimum prison terms

2026 Regular Session Introduced by Bennie Cook

The bill standardizes minimum prison terms nationwide: 75% of the sentence for first-time felony offenders and 80% for those with prior felony commitments, with certain offenses re

Referred: Emerging Issues(H)

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What HB 2880 aims to do

Replaces the current minimum-prison-term framework with a simplified, statewide standard for offenders with felony convictions.

Establishes uniform minimum terms: 75% of the sentence for offenders with no prior prison commitments; 80% for offenders with one or more prior prison commitments.

Maintains 100% of sentence for certain serious offenses (rape in the first degree or attempt; enticement of a child or attempted enticement of a child; armed criminal action).

Removes the previous tiered system based on the number of prior commitments and age, and instead uses a two-tier model plus mandatory-full-term requirements for specified offenses.

Key provisions and changes

Repeal and replacement: Sections 558.019, 566.030, 566.151, and 571.015 are repealed and four new sections enacted to govern minimum prison terms.

Minimum term calculations (general rule):

No prior felony prison commitment: minimum term = 75% of the court-imposed sentence.
One or more prior felony prison commitments (unrelated to the present offense): minimum term = 80% of the sentence.

Exceptions requiring 100% of the sentence:

Rape in the first degree or attempt to commit rape in the first degree (victim under certain conditions, including age-related provisions and enhancements).
Enticement of a child or attempt to enticement of a child.
Armed criminal action (and escalating offenses for second and third+ offenses) when connected to the commission of another felony.

Calculations for minimum terms:

Life sentences are treated as 30 years for computing the minimum term.
If a sentence, alone or with others for nearby offenses, exceeds 75 years, it is treated as 75 years for the purpose of calculating the minimum term.

Retained court discretion:

Courts may lower or exceed the commission’s recommended sentence and may order restorative justice measures when appropriate.

Restorative options and restitution:

Court-ordered restorative measures (e.g., restitution, treatment programs, community service) may be used, including certain restitution funds at the county level, with caps and procedural safeguards.

Commission creation and role:

A 11-member sentencing advisory commission is created to study sentencing disparities, alternatives to incarceration, and rehabilitation options.
The commission makes non-binding recommendations, with court discretion preserved to adjust as allowed by law.

Effective date and retroactivity:

The bill references a 2026 effective framework and includes a provision that pre-August 28, 2019 convictions would no longer be subject to the prior minimum-term provisions.

Who is affected

Felony offenders sentenced in Missouri, including:

Those with no prior prison commitments (mandatory minimum = 75% of sentence).
Those with one or more prior prison commitments (mandatory minimum = 80% of sentence).
Specific offenses with 100%-term requirements: rape in the first degree/attempt to commit; enticement of a child/attempt; armed criminal action (and tiers for subsequent offenses).

Courts, the Missouri Sentencing Advisory Commission, and state agencies involved in corrections, probation, and restorative justice processes.

Victims and county restitution funds through court-ordered restitution provisions.

Procedural and timeline notes

Establishes a new sentencing advisory commission with defined appointment and term rules.

Reforms apply to offenses listed in the act and related sections; some prior conviction rules are grandfathered for effect in 2026.

Courts retain authority to adjust sentences within existing legal boundaries and to apply restorative justice methods where appropriate.