Anselmo claims the circuit court erred in granting the Board's motion to dismiss his petition because sections 217.690.3 and 217.690.8, RSMo Cum. 1997, only allow the Board to require an offender to meet conditions during the term of the parole, not prior to the offender being paroled. The Missouri Board of Probation and Parole has almost unlimited discretion in whether to grant parole release, and the plain language of section 217.690.3 clearly establishes that the Board has the authority to create eligibility requirements for parole. Spinden, C.J., and Breckenridge, J., concur. Facts Mario Anselmo is currently incarcerated at the Western Reception Diagnostic Correctional Center in St. Joseph, Missouri.
Actual release depends upon continued record of good conduct and an acceptable release plan. . . .
Anselmo contended that the Board did not have the authority to require him to participate in rehabilitation programs until he was actually paroled. The Board filed a motion to dismiss Anselmo's petition. Petitioner complains that the Missouri Board of Probation and Parole has no authority to require him to complete a long term treatment program before his parole release. The court finds, however, that the Missouri Legislature has vested in the Missouri Board of Probation and Parole a system of parole that is best described as discretionary. Once an inmate becomes eligible for parole consideration, then the Board has discretion to parole or not to parole.