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SECOND REGULAR SESSION
HOUSE BILL NO. 2676
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE JOHNSON.
5933H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 558.031, RSMo, and to enact in lieu thereof one new section relating to
credit for time served.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 558.031, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 558.031, to read as follows:
558.031. 1. A sentence of imprisonment shall commence when a person convicted of
2 an of fense in this state is received into the custody of the department of corrections or other
3 place of confinement where the of fender is sentenced.
4 2. Such person shall receive credit toward the service of a sentence of imprisonment
5 for all time in prison, jail or custody after the of fense occurred and before the commencement
6 of the sentence, when the time in custody was related to that of fense. This credit shall be
7 based upon the certification of the sheriff as provided in subdivision (3) of subsection 2 of
8 section 217.305 and may be supplemented by a certificate of a sheriff or other custodial
9 of ficer from another jurisdiction having held the person on the char ge of the of fense for which
10 the sentence of imprisonment is ordered.
11 3. The of ficer required by law to deliver a person convicted of an of fense in this state
12 to the department of corrections shall endorse upon the papers required by section 217.305
13 both the dates the offender was in custody and the period of time to be credited toward the
14 service of the sentence of imprisonment, except as endorsed by such of ficer .
15 4. If a person convicted of an of fense escapes from custody , such escape shall
16 interrupt the sentence. The interruption shall continue until such person is returned to the
17 correctional center where the sentence was being served, or in the case of a person committed
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 to the custody of the department of corrections, to any correctional center operated by the
19 department of corrections. An escape shall also interrupt the jail time credit to be applied to a
20 sentence which had not commenced when the escape occurred.
21 5. If a sentence of imprisonment is vacated and a new sentence imposed upon the
22 of fender for that of fense, all time served under the vacated sentence shall be credited against
23 the new sentence, unless the time has already been credited to another sentence as provided in
24 subsection 1 of this section.
25 6. If a person released from imprisonment on parole or serving a conditional release
26 term violates any of the conditions of his or her parole or release, he or she may be treated as
27 a parole violator . If the parole board revokes the parole or conditional release, the paroled
28 person shall serve the remainder of the prison term and conditional release term, as an
29 additional prison term, and the conditionally released person shall serve the remainder of the
30 conditional release term as a prison term, unless released on parole.
31 7. [ Subsection 2 of this section shall be applicable to of fenses for which the offender
32 was sentenced on or after August 28, 2023. ] Notwithstanding any other provi sion of law to
33 the contrary , cr edit for time served shall be awarded as pr ovided under subsection 2 of
34 this section rega rdless of when an offense occurr ed. Back credi t shall be awarded to any
35 offender who was in custody prior to August 28, 2023, who did not receive cr edit toward
36 the service of a sentence of imprisonment for all time in prison, jail, or custody after an
37 offense occurr ed and before the commencement of the sentence, when the time in
38 custody was r elated to that offense.
39 8. The total amount of credit given shall not exceed the number of days spent in
40 prison, jail, or custody after the of fense occurred and before the commencement of the
41 sentence.
✔
HB 2676 2