Jones v. Fife

RICHARD B. TEITELMAN, Judge.

This declaratory judgment action presents the issue of whether section 559.115.7, RSMo (Cum.Supp.2004), 1 and section 217.362.5 can be applied retroactively so as to reduce the number of previous “prison commitments” attributed to an offender for purposes of determining parole eligibility under section 558.019.2 RSMo (2000). The circuit court held that the statutes cannot be applied retroactively. Following the rationale of State ex rel. Nixon v. Russell 129 S.W.3d 867 (Mo. banc 2004), this Court holds that sections 559.115.7 and 217.362.5 can be applied…