An appeals court ruling could give a Missouri prisoner another shot at release.
A three-judge panel of the state appeals court ruled Tuesday that Derek Masters, 26, should get a new hearing in the Cole County Circuit Court, in his effort to be released from prison under the state law that allows probation for inmates successfully completing a 120-day "shock" treatment program.
Masters is an inmate at the Missouri Eastern Correctional Center, Pacific, where he's serving a 10-year sentence for a 2010 conviction in Washington County for first-degree assault with serious physical injuries.
That's a Class A felony, with a possible prison sentence of 10-30 years, or for life.
The sentencing judge originally placed Masters on five years probation with a suspended execution of a 10-year sentence - then in April 2013 ordered him to serve the 120-day sentence after Masters violated a provision of his probation.
The judge also ordered the Corrections department to provide a report and probation recommendation 30 days before Master's scheduled release.
But in May 2013, the department updated its position on 120-day
sentences, and determined Masters didn't qualify for release because his assault conviction was for a "dangerous felony," requiring him to serve at least 85 percent of his 10-year sentence before he could be considered for release from prison.
The policy change meant Masters would have to serve 8½ years instead of the 120 days in the judge's order.
Masters sued the department, asking the court to order his release under the 120-day order.
Cole County Circuit Judge Dan Green agreed with the department's argument "Masters as a matter of law is not eligible for a (120-day program) that could lead to probation, because he is currently prohibited from being considered for parole."
The appeals court disagreed 49 weeks later.
"Though it is true that Masters's conviction of first-degree assault constitutes a dangerous felony ... which would require that Masters serve a minimum of 85 percent of his sentence before becoming parole eligible, these facts do not affect the court's power to release him on probation within his first 120 days in the Department," Judge Karen King Mitchell wrote for the panel.
She added the 85 percent mandatory minimum statute also states it "shall not be construed to affect ... the provisions of (the 120-day "shock' law), relating to probation."
While agreeing that first-degree assault is a "dangerous felony," the appellate opinion also noted an assault conviction is not on the 120-day shock law's list of crimes ineligible for early release.
Mitchell wrote: "Because first-degree assault does not have a prohibition on probation or parole ... the trial court erred in granting the Department's motion for judgment on the pleadings."
The appeals court sent the case back to Green, with instructions to hold another hearing "consistent with this opinion."
Assuming he successfully completed the 120-day program, Masters should have been released from prison in July 2013 - now more than two years ago.